Are non-competes still enforceable in middle of the unprecedented economic disruption caused by COVID-19? Many employers have reacted to the business impact of COVID-19 by downsizing and laying off employees, some of whom signed non-compete agreements or restrictive covenants to
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Two Tests for Trade Secret Preemption Under California Law
When does a cause of action come close enough to a trade secret claim to become preempted by the California Uniform Trade Secrets Act (“CUTSA”)? CUTSA preempts statutory and common law claims “based upon misappropriation of a trade secret.” In
Lex Machina Releases New Trade Secret Litigation Report
On April 21, 2020, Lex Machina released the third iteration of its annual trade secret litigation report (request the report here). Based on data from federal district court filings in Lex Machina practice areas from 2010 – 2019, the
“Authorized Access”: The Supreme Court’s First Foray Into The Computer Fraud and Abuse Act
On April 20, 2020, the Supreme Court granted cert in Van Buren v. United States, to resolve an important circuit split over the meaning of “authorized access” under the Computer Fraud and Abuse Act (CFAA). This is the Court’s first foray
English Court Addresses Intersection of Trade Secrets Directive and Common Law Breach of Confidence Claims
A recent English court decision for the first time explores the overlap between trade secret claims under the EU Trade Secrets Directive 2016/943 and English equitable and common law claims for breach of confidence.
Patents as Evidence of Trade Secret Theft Does Not Create Federal Subject Matter Jurisdiction
The Federal Circuit recently rejected an attempt to avoid a trade secret trial in state court by invoking federal jurisdiction under patent law. Intellisoft discovered, in the early 2010’s, that Acer had applied for a patent which incorporated its alleged
Please Join Crowell & Moring’s Team of IP Attorneys for a Webinar on Trade Secret Protection During COVID-19 and Remote Working Environment
In addition to reshaping how business is being done, COVID-19 has presented companies with unprecedented challenges and an increasingly remote work force and has made it more important than ever for businesses to evaluate the security and protection of their
English Trade Secrets Proceedings: Experts May Be Permitted Access to Information In Confidentiality Rings
We continue our coverage of English Confidentiality Protections in Trade Secret and IP Cases by exploring a recent decision involving access of party experts to confidential information and trade secrets as part of confidentiality rings.
Tech Companies, National Security, Trade Secrets, and the Increased Controls on the Export of Emerging Technologies
In an effort to further combat the international theft of intellectual property, the U.S. government has taken multiple steps to restrict certain companies’ ability to operate within the United States and to prevent those companies from profiting off of their
Is the Platform You’re Using a Potential Threat to Protecting Your Trade Secret?
The COVID-19 pandemic presents unique and unprecedented challenges to the ongoing need to protect confidential information and trade secrets. With entire workforces working remotely, employees are increasingly relying on video services to remain connected, but the increasing prevalence of video