Trading Secrets

A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

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Dawn Mertineit to Participate in “Forensic Analysis of Electronic Devices for Litigation” Roundtable

September 18, 2020

On Tuesday September 22 at 2-3 p.m. Eastern, Dawn Mertineit will participate in a roundtable on “Forensic Analysis of Electronic Devices for Litigation” for the ABA’s Litigation Section. This program will discuss the importance of forensic analysis of electronic devices, both pre-litigation and during litigation. Topics covered will include scenarios in which forensic analysis will be necessary or helpful, types of evidence you can uncover using forensic analysis, how the analysis will be conducted, and best…

Trading Secrets

Robert Milligan Presenting Webinar on Trade Secrets in the Cannabis Industry

By Robert B. Milligan

September 9, 2020

On Wednesday, October 21 at 12 to 1 p.m. Pacific, Robert Milligan is presenting “Trade Secrets in Cannabis” for the California Lawyer’s Association. The program aims to help cannabusinesses and their counsel identify the potential trade secrets in this industry and learn how to protect them, including in these COVID-19 times. The speakers will also discuss some of the more recent and significant trade secrets cases involving the cannabis industry to illustrate key takeaways. Find…

Trading Secrets

Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s Intellectual Property and Trade Secrets

By Jeremy Cohen, Marcus Mintz & Erik Weibust

September 8, 2020

In a decision of first impression issued last week, the United States District Court for the Western District of Tennessee held, in Gus’s Franchisor, LLC v. Terrapin Restaurant Partners, LLC, that the COVID-19 pandemic did not excuse a terminated franchisee of Gus’s World Famous Fried Chicken (“Gus’s”) from complying with a temporary restraining order (TRO) and permanent injunction prohibiting it from using Gus’s trademarks, trade secrets and proprietary business information.…

Trading Secrets

HouseCanary Weighs a Bird in Hand… Collect on a $201,000,000 Judgment or Retry the Entire Case

By Jesse M. Coleman & Brian Wadsworth

September 4, 2020

Real estate startup HouseCanary made headlines when it secured a $700 million judgment against Title Source, Inc., now known as Amrock, in a trade secrets misappropriation case. In short, HouseCanary claimed that Amrock misappropriated its trade secrets to develop an app to compete with the very product Amrock hired HouseCanary to create—a product HouseCanary never delivered.…

Trading Secrets

Fifth Circuit Holds that Reformation of Texas Non-Competes Is Authorized, and Perhaps Required, at Preliminary Injunction Stage

By Jesse M. Coleman & Kevin Green

August 21, 2020

Decision overview On August 7, 2020, the Fifth Circuit addressed an issue presently undecided by the Texas Supreme Court; namely, whether reformation of an overbroad non-compete restriction is appropriate, and perhaps even required, at the preliminary injunction stage or must occur as a remedy after trial upon the merits. In reversing and remanding the contrary lower court decision that declined to reform an overboard non-compete due to an inadequate record, the Fifth Circuit held that…

Trading Secrets

Louisiana Expands its Non-Compete Statute in Favor of Companies

By Jesse M. Coleman & Garreth DeVoe

August 19, 2020

In a strengthening of company contractual rights, the Louisiana Legislature recently expanded its state non-compete statute by permitting a corporation, partnership, or limited liability company to enter into agreements with their shareholders, partners, or members, respectively, that prevent them from becoming employees of a competing company under certain circumstances.…

Trading Secrets

California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts Rule of Reason in Evaluating Competitive Restraints in Contracts Between Businesses

By Robert B. Milligan & Sierra J. Chinn-Liu

August 18, 2020

Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a third-party, the California Supreme Court unanimously held: to state a claim for tortious interference with an at-will contract, a plaintiff must allege that the defendant engaged in an independently wrongful act, and in determining the validity of a competitive restriction in…

Trading Secrets

Robert Milligan Presenting Webinar on How to Manage and Resolve Complex Commercial Disputes

By Robert B. Milligan

August 14, 2020

On Thursday, August 20 at 3-5 p.m. Eastern, Robert Milligan is presenting “How to Manage and resolve Complex Commercial Disputes: A Practice Guide” for The Knowledge Group. Speakers on the panel will discuss the use of process maps in identifying breakdowns, current settlement dynamics, and economic loss quantification. Robert is presenting Segment 3 of the webinar and is focusing on: How use of process maps can help identify breakdowns in complex process and areas for…

Trading Secrets

Self-Driving to Federal Prison: The Trade Secret Theft Saga of Anthony Levandowski Continues

By Robert B. Milligan & Darren Dummit

August 13, 2020

The much-ballyhooed legal battle over trade secrets concerning self-driving automobile technology involving Uber took its latest (and perhaps final) turn last week, when engineer Anthony Levandowski was sentenced to 18 months in prison and ordered to pay over $700,000 in restitution. Embroiled in the middle of a billion-dollar dispute between tech giants, Levandowski had previously pled guilty to the single count of trade secret theft and was already facing a $179 million judgment awarded to…

Trading Secrets

Rare First Circuit Decision Invalidating NDA and Overturning Misappropriation Verdict Serves as a Cautionary Tale

By Dawn Mertineit

August 12, 2020

In a rare appellate decision on enforceability of non-disclosure agreements and a plaintiff’s burden to establish the existence of trade secrets, the First Circuit recently overturned a district court summary judgment order and trial verdict. This decision serves as an important reminder for both those who litigate trade secrets claims and those who draft restrictive covenants agreements. Background TLS Management and Marketing Services, LLC, a tax planning and consulting firm, sued its former employee, Ricky…

Trading Secrets

A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Dawn Mertineit to Participate in “Forensic Analysis of Electronic Devices for Litigation” Roundtable

Robert Milligan Presenting Webinar on Trade Secrets in the Cannabis Industry

Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s Intellectual Property and Trade Secrets

HouseCanary Weighs a Bird in Hand… Collect on a $201,000,000 Judgment or Retry the Entire Case

Fifth Circuit Holds that Reformation of Texas Non-Competes Is Authorized, and Perhaps Required, at Preliminary Injunction Stage

Louisiana Expands its Non-Compete Statute in Favor of Companies

California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts Rule of Reason in Evaluating Competitive Restraints in Contracts Between Businesses

Robert Milligan Presenting Webinar on How to Manage and Resolve Complex Commercial Disputes

Self-Driving to Federal Prison: The Trade Secret Theft Saga of Anthony Levandowski Continues

Rare First Circuit Decision Invalidating NDA and Overturning Misappropriation Verdict Serves as a Cautionary Tale

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