Earlier this week, a Virginia jury awarded software company Appian Corp. more than $2 billion in damages after finding that competitor software company Pegasystems Inc. had misappropriated its trade secrets. The complaint alleged that Pegasystems engaged in corporate espionage and
Trade Secrets Trends
Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement
Latest from Trade Secrets Trends - Page 3
Restrictive Covenants in the Seventh Circuit
As a part of our series on trade secret employee contract clauses, we have surveyed the Seventh Circuit for updates on the law pertaining to Restrictive Covenants. Each state’s laws are set forth below. But generally in the Seventh Circuit,…
Restrictive Covenants in the Tenth Circuit
Within the Tenth Circuit, states vary in their enforcement of restrictive covenants. Wyoming, Kansas, and New Mexico govern the use of restrictive covenants through common law while Utah, Colorado, and Oklahoma govern through statute. Oklahoma is unique in that it…
Trade Secrets Not So Secret: Conventional Technique, New Application
Use of an algorithm disclosed in a textbook in a different field may warrant trade secret protection according to a recent Federal Circuit decision in Masimo Corp. v. True Wearables, Inc., No. 2021-2146, 2022 WL 205485 (Fed. Cir. Jan.
The Sedona Conference Solicits Public Comment on its Commentary on the Governance and Management of Trade Secrets
The Sedona Conference, Working Group 12 on Trade Secrets, has released for public comment its guidance on the governance and management of trade secrets. This valuable Commentary outlines the inherent challenges in developing a trade secret protection program that aligns…
An NDA Leads to the Loss of Trade Secrets, a Failed Deal and No Recourse
Trade secrets are always at risk when engaging in corporate deals that require the disclosure of confidential information. Though there is no sure-fire solution to protecting a company’s trade secrets, if handled properly, there is legal recourse to help mitigate…
The Dropout: Trade Secrets in Pop Culture
In 2004, 19-year-old college sophomore Elizabeth Holmes dropped out of Stanford University to create a company that would change the world. Theranos, Inc. was going to revolutionize medicine with its proprietary blood testing devices that could detect high cholesterol, cancer,…
A New Battlefront: Ukraine Resistance Includes Leaks of Russian Trade Secrets
In addition to conventional warfare, it was recently confirmed by an arm of the Ukraine Ministry of Defense that it hacked trade secrets from a Russian state nuclear utility, and then leaked the trade secrets to a public website to…
International Issues in Trade Secret Law Series: Longer Statute of Limitations Confirmed in Cases of Trade Secrets Misappropriation by Former Employees
The regular readers of this blog certainly remember the usual suspects of trade secret misappropriation are employees, former employees, and self-employed consultants. In our series of blog posts about international trade secret misappropriation and trade secret enforcement under the Belgian…
The Sedona Conference Issues Commentary on Protecting Trade Secrets Throughout the Employment Life Cycle
The Sedona Conference, Working Group 12 on Trade Secrets, has issued guidance on protecting trade secrets throughout the employment life cycle. This significant Commentary analyzes the tension between an employer’s interest in protecting its trade secrets and an employee’s interest…