The COVID-19 pandemic presents unique and unprecedented challenges to the ongoing need to protect confidential information and trade secrets. The massive business disruptions that enterprises of all kinds now face include (1) entire workforces forced to work remotely, accessing and
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Prosecutions of Trade Secret Theft by Former Employees in Autonomous Vehicle Development
As autonomous vehicles quickly move farther towards the mainstream, the underlying technology has become increasingly more valuable and has led to an uptick in the theft of autonomous vehicle (“AV”) trade secrets. Indeed, criminal prosecutions of former employees for trade
Coronavirus Related Restrictions on Emergency Trade Secrets Filings in New York
Coronavirus-related emergency measures may limit litigants’ ability to protect trade secrets in state court. State courts are drastically altering their operations in response to the novel coronavirus pandemic, including closing courthouses, continuing trials and other deadlines, suspending rules requiring paper
GEICO Earns Victory at Intersection Between Copyright and Trade Secret Law Covering Source Code
A recent decision by the Federal District Court for the Eastern District of New York reinforces that owners of trade secret computer programs should carefully approach copyright registration in order to maintain both copyright and trade secret protection. This includes
Complex Threat Investigations: Tips for Investigating Trade Secret Misappropriation and Other Digital Crimes
Companies and other organizations increasingly must face serious and complex threats to their business and infrastructure. Whether the threat is trade secret theft, rogue insiders, cybercrime adversaries, aggressive competitors, or misconduct by business and supply chain partners, companies should remain
Hirer Beware: Your Employee’s Non-Compete Agreement with their Former Employer May Determine Where You Can be Haled to Court
The U.S. District Court for the Western District of Pennsylvania recently ruled that a forum-selection clause in a former employee’s non-compete agreement may bind their new employer for purposes of establishing personal jurisdiction.
Matthews International Corporation (“Matthews”), a manufacturer of
Permanent Injunctions Restricting Use of Trade Secrets May Only Be as Permanent as an Employment Contract’s Provisions
A New Mexico court of appeals recently held that a former employee could not be permanently enjoined from disclosing trade secrets because his employment agreement provided for a five-year limit on the duty of confidentiality.
Lasen, Inc. (“Lasen”), a company
Pauwels v. Deloitte: A Cautionary Tale About Informal Approaches to Protecting Confidential Business Information
Recently the District Court for the Southern District of New York issued a decision that illustrates the risks of taking an informal approach to protecting confidential business information. As described below, in Pauwels v. Deloitte et al., No. 19-CV-2313
Billion Dollar Trade Secret Misappropriation Lawsuit Against Uber to Move Forward
A lawsuit seeking $1 billion in damages based on allegations that the rideshare company was founded based on stolen trade secrets can now move forward after a jury in San Francisco Superior
After Motorola Verdict, DTSA Has Extraterritorial Application
For the first time, a United States federal court has held that a civil action for private damages under the Defend Trade Secrets Act (“DTSA”) can arise from acts of misappropriation that occur completely outside the United States – as