Trade Secrets Trends

Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement

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The Sedona Conference Publishes An Analysis of How to Seek Global Redress of Trade Secret Misappropriation

March 19, 2021

Since its passage in 2016, the Defend Trade Secrets Act (“DTSA”) has become a powerful tool for litigants seeking civil redress for the misappropriation of trade secrets to get into federal court. The DTSA is particularly important because it allows litigants to seek redress for misappropriation that happens outside of the United States – overcoming the general presumption that federal law does not have an extraterritorial reach. We recently discussed the significance of the DTSA’s…

Trade Secrets Trends

Enforcement of trade secrets in the EU: compensation and damages for trade secret misappropriation

By Judith Bussé

March 18, 2021

We have reported on various aspects of the EU Trade Secrets Directive on this blog. The legal requirements for something to qualify as a trade secret, the misappropriation of trade secrets and the remedies that exist to rectify such misappropriation, as well as the protection of trade secrets during court proceedings have all been discussed. However, in order to be properly prepared for trade secrets litigation and enforcement – both in Belgium and…

Trade Secrets Trends

New DTSA Complaint Implicates Law’s Definition of “Disclosure”

By Jillian Ambrose & Crinesha Berry

March 16, 2021

A Complaint recently filed in the Southern District of New York may shed light on courts’ willingness to apply a broad interpretation of “misappropriation” in trade secrets cases. Plaintiff Greenpoint Capital Management, which grants loans to law firms to fund high-stakes litigation, has accused Apollo Hybrid Value Management LP and Apollo Hybrid Value Management GP of misappropriating trade secrets in violation of the Defend Trade Secrets Act (“DTSA”). The Complaint also includes claims for breach…

Trade Secrets Trends

DOJ Indicts Hong Kong Citizen in Attempted Trade Secrets Scheme

By Michelle Chipetine & Joshua M. Rychlinski

March 12, 2021

The U.S. Justice Department indicted a man for allegedly conspiring to steal proprietary data from General Electric (“GE”) and produce and sell it in China.…

Trade Secrets Trends

Florida Lawmakers Seek to Address Corporate Espionage in Proposed Legislation

By Kevin Cacabelos, Molly A. Jones & Caroline Brown

March 9, 2021

On March 1st, Florida Governor Ron DeSantis, along with GOP members of the state’s House of Representatives and Senate, announced legislation to address corporate espionage and foreign influence in Florida. In public remarks about the proposed legislation, Florida House Speaker Chris Sprowls expressed concern about the threat of China’s influence on local governments and university systems, stating “that there are no limits to the depths to which other countries, especially China, will go to steal…

Trade Secrets Trends

International Issues in Trade Secret Law Series: A Look Back at Issues Under the Belgian Trade Secrets Act

By Jan-Diederik Lindemans & Matteo Mariano

March 8, 2021

We are looking back on our series where we spotlight international issues in trade secret law under the Belgian Trade Secrets Act. To claim that major conclusions can be drawn from the dozen decisions handed down since the Trade Secrets Act came into force would not be serious. Nevertheless, listing and comparing these rulings has led to some striking observations. The number of judgments that we found is limited. There are a number of possible…

Trade Secrets Trends

Trade Secret Misappropriation or Breach of Contract? It can be a costly distinction.

By Raija Horstman & Ian Logan

March 3, 2021

The Eleventh Circuit recently struck down an award of $4.5 million in damages after a jury determined that a manufacturer had misappropriated a shared trade secret. AcryliCon USA, LLC (“AcryliCon”) and Silikal GmbH (“Silikal”) had a business relationship in which Silikal manufactured and AcryliCon distributed a proprietary flooring resin of superior compressive strength (1061 SW), and each claimed ownership of the 1061 SW formula trade secret to the exclusion of the other. While ownership of…

Trade Secrets Trends

International Issues in Trade Secret Law Series: “Confidentiality Clubs” and Remedies for Trade Secret Misappropriation under the Belgian Trade Secrets Act

By Jan-Diederik Lindemans & Matteo Mariano

March 2, 2021

In our prior post, we discussed what constitutes unlawful use of trade secrets, who bears the burden of proof, and how evidence can be collected to prove trade secret misappropriation under Belgian law. Today’s post, which is the fifth and last in our series where we spotlight international issues in trade secret law, looks at two final questions: 1) Protection of trade secrets during court proceedings: who is allowed inside the “confidentiality club”? A…

Trade Secrets Trends

International Issues in Trade Secret Law Series: Unlawful Use and Burden of Proof for Trade Secret Misappropriation under the Belgian Trade Secrets Act

By Jan-Diederik Lindemans & Matteo Mariano

February 22, 2021

In our prior post, we discussed under what conditions business information could qualify as a trade secret under Belgian law (it must be secret, have commercial value, and be subject to reasonable protection measures). Today’s post, which is the fourth in our series where we spotlight international issues in trade secret law, looks at two other critical questions: 1) Is the use of a trade secret per se unlawful? Even if it can be…

Trade Secrets Trends

International Issues in Trade Secret Law Series: Valuing and Taking Reasonable Measures to Protect Trade Secrets under the Belgian Trade Secrets Act

By Jan-Diederik Lindemans & Matteo Mariano

February 15, 2021

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Today’s blog is the third in a series where we spotlight international issues in trade secret law, in particular, answering practical questions and providing insights into the application and interpretation by Belgian courts of specific aspects of the Belgian Trade Secrets Act. (See our first post here and our second here.) Today’s post addresses two questions: 1) When does information have trade value?…

Trade Secrets Trends

Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement

The Sedona Conference Publishes An Analysis of How to Seek Global Redress of Trade Secret Misappropriation

Enforcement of trade secrets in the EU: compensation and damages for trade secret misappropriation

New DTSA Complaint Implicates Law’s Definition of “Disclosure”

DOJ Indicts Hong Kong Citizen in Attempted Trade Secrets Scheme

Florida Lawmakers Seek to Address Corporate Espionage in Proposed Legislation

International Issues in Trade Secret Law Series: A Look Back at Issues Under the Belgian Trade Secrets Act

Trade Secret Misappropriation or Breach of Contract? It can be a costly distinction.

International Issues in Trade Secret Law Series: “Confidentiality Clubs” and Remedies for Trade Secret Misappropriation under the Belgian Trade Secrets Act

International Issues in Trade Secret Law Series: Unlawful Use and Burden of Proof for Trade Secret Misappropriation under the Belgian Trade Secrets Act

International Issues in Trade Secret Law Series: Valuing and Taking Reasonable Measures to Protect Trade Secrets under the Belgian Trade Secrets Act

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