Earlier this month, the Second Circuit clarified the requirements for alleging a trade secret misappropriation claim under the Defend Trade Secrets Act (“DTSA”). The decision affirmed the Eastern District of New York’s dismissal of a trade secret misappropriation lawsuit against
Trade Secrets Trends
Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement
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The Sedona Conference Issues Report on Protecting Trade Secrets in Litigation About Them
The Sedona Conference, Working Group 12 on Trade Secrets, has issued guidance on protecting trade secrets in litigation about them. This important Commentary recommends courts:
- Balance the risk of disclosure and harm to the producing party with the need for
…
Enforceability of Non-Compete Agreements; Recent Input from the DOJ
The US Department of Justice (“DOJ”) recently filed a Statement of Interest in connection with a pending case in Nevada State Court, Samuel Beck, et al. v. Pickert Medical Group, P.C. et al., further highlighting the DOJ’s heightened scrutiny…
Multi-Level Marketing Company Sufficiently Alleges Reasonable Efforts Despite Posting Trade Secret Materials to Thousands
Last week, the Western District of Washington concluded that a multi-level marketing beauty company sufficiently alleged that it exercised reasonable efforts to maintain the secrecy of its training materials, and network salespeople and contact lists, despite the salespeople using their…
New Platform Launches to Manage a Company’s Trade Secrets
Tangibly launched in February as a solution for companies to manage their trade secrets. Tangibly offers two distinct products: (1) a cloud-based platform that provides a dashboard where users can manage their assets and associated people and (2) a platform…
Crowell & Moring Webinar Recap: “2021 Trade Secrets Year in Review and What Lies Ahead”
Crowell & Moring presented a webinar discussing the most influential trade secret cases from 2021 along with new legal developments, including non-compete legislation and trade secret maintenance.
Partner Astor Heaven and Counsel Raija Horstman kicked off the conversation to discuss…
The Year’s Most Popular Posts
It’s the time of year again when we are taking a look at 2021’s top ten most read posts. This year, we witnessed an increased risk of trade secret theft due to the Great Resignation, proposed trade secret misappropriation penalties…
AbbVie Turns Next to the U.S. International Trade Commission in Biosimilar Trade Secret Row
In October, we published a blog post describing how trade secret claims filed by AbbVie were dismissed by the Northern District of Illinois for lack of personal jurisdiction over AbbVie’s former employee in Singapore and the competitor that poached him,…
Cemetery Company’s Trade Secret Claims Survive Motion to Dismiss by Reasonable Interference of Misappropriation after CEO Fed Competitor Information
On October 29, 2021, the District of Delaware allowed Park Lawn Corporation to continue with its trade secret claims against fellow cemetery management competitor, PlotBox, Inc., holding that the competitor only needed to have a “reason to know” improper means…
Bad Medicine: Pfizer Files Complaint to Halt Potential COVID-Related Trade Secret Misappropriation
On November 23rd, Pfizer filed a complaint against former employee Chun Xiao “Sherry” Li in a California federal court alleging that Li pilfered over 12,000 files worth of critical documents and trade secrets. U.S. District Judge Cathy Ann Bencivengo granted…