IPilogue

JANUARY 9, 2023

This term, I had the amazing opportunity to work at AstraZeneca Canada through Osgoode’s Intellectual Property Law and Technology Intensive Program placement. AstraZeneca is a global company, some contracts can require engaging in services in other countries. This article was written as a requirement for Prof.

Business 110

Business Privacy Contracts Confidentiality 110

LexBlog IP

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Protecting Confidential Information and Client Relationships in the Financial Services Industry.

Confidentiality 40

Confidentiality Business Law Contracts 40

Trading Secrets

MAY 9, 2022

In the third installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Justin Beyer and Ian Long discussed employee mobility and its impact on trade secrets and non-compete agreements, and shared practical steps that companies can take to protect intellectual capital in today’s market.

Confidentiality 78

Confidentiality Contracts Marketing Marketing 78

IP Tech Blog

FEBRUARY 8, 2024

Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information. First, AB 1076 renders all noncompete clauses in employment contracts void.

Law 57

Law Contracts Confidentiality Business 57

Trading Secrets

DECEMBER 19, 2023

On November 10, 2022, the majority of the FTC issued a new policy statement that outlined an expansive definition of “unfair methods of competition” and indicated that it would engage in aggressive enforcement of actions that it regards as “unfair methods of competition,” even if those actions do not constitute violations of federal antitrust law.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024. There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). ” 15 USC § 45(2).

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

43(B)log

DECEMBER 12, 2022

2022 WL 5245633, No. 6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. In re Windstream Holdings, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

IPilogue

MARCH 8, 2023

This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. 2022 ONCA 814 ; and Winder v Marriot International, Inc. , 2022 ONCA 815 ) in late 2022 that clarified the scope of liability in data breach class actions for the tort of intrusion upon seclusion.

Privacy 106

Privacy Confidentiality Litigation Reporting 106

LexBlog IP

FEBRUARY 8, 2024

Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information. First, AB 1076 renders all noncompete clauses in employment contracts void.

Law 52

Law Contracts Confidentiality Business 52

LexBlog IP

JANUARY 3, 2022

” While the FTC has only recently initiated informal proceedings on the issue, the agency – and perhaps Congress as well – seems poised to move forward in 2022 to address restrictive covenants. His confirmation remains pending and will likely carry over into 2022.

Confidentiality 40

Confidentiality Intellectual Property Marketing Marketing 40

LexBlog IP

APRIL 21, 2022

Trade secrets are always at risk when engaging in corporate deals that require the disclosure of confidential information. A recent decision from the 8 th Circuit affirming grant of a motion to dismiss a breach of contract action between a company and its financial advising firm.

Confidentiality 52

Confidentiality Contracts Editing Business 52

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

LexBlog IP

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

Law 52

Law Contracts Business Confidentiality 52

Trading Secrets

MARCH 22, 2022

2022), the Second Circuit held that JLM Couture’s non-compete was enforceable through New York’s oft-overlooked “uniqueness” exception. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. Cohen , 173 F.3d

Social Media 59

Social Media Contracts Confidentiality Business 59

LexBlog IP

FEBRUARY 6, 2024

Lastly, we saw federal agencies insisting on broad whistleblower protections in confidentiality agreements with impacted employees and customers. We also saw proposed federal legislation banning or narrowing the use of non-competes, which we expect to be reintroduced in 2024. Minnesota adopted a ban on non-competes.

Confidentiality 52

Confidentiality Contracts IP Law 52

LexBlog IP

JUNE 21, 2022

A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. In Turret Labs USA, Inc.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

TorrentFreak

SEPTEMBER 27, 2022

It has a website now and describes itself as an “innovative global intellectual property protector” but if the company is involved in a GuardaLey-style settlement business, it’s hiding that very well. More than three years later, it still isn’t clear what American Films actually does, where, or with whom.

Settlement 113

Settlement Copyright Intellectual Property Confidentiality 113

Indiana Intellectual Property Law

OCTOBER 5, 2022

An Employment Agreement that protected 3CHI’s Confidential Information and Trade Secrets was signed by the Defendant on March 7 th , 2021. On April 20, 2022, a business known as FullThrottle posted an on-line announcement that Journay had joined its team as their new Director of Marketing.

Marketing 52

Marketing Marketing Confidentiality Government 52

LexBlog IP

DECEMBER 15, 2022

District Court for the Central District of California has issued a highly factual decision that addresses, among other things, the intersection of a researcher’s general skill and knowledge and his former employer’s confidential research information. In Masimo Corp. True Wearables, Inc.,

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Indiana Intellectual Property Law

DECEMBER 2, 2022

According to the Complaint, on April 8, 2021 and December 22, 2021 the Defendants entered into Franchise Agreement, Non-compete Agreement, Confidentiality Agreement, Non-Disclosure and Operating Agreements, along with a Principal Owner’s Guaranty and Assumption of Obligations Agreement with Honest Abe.

Confidentiality 52

Confidentiality Designs Design Business 52

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Application.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

LexBlog IP

OCTOBER 5, 2022

In a post for Crowell’s Government Contracts Legal Forum , John McCarthy, Anuj Vohra and Daniel Wolff describe the decision that better defined what degree of competitive harm needs to be presented to support a trade secret invocation under the 2016 FOIA Improvement Act. Noble , a July 2022 decision by the U.S.

Blogging 40

Blogging Confidentiality Government Litigation 40

LexBlog IP

MARCH 15, 2022

.” Defendants first argued that the network of salespeople and customer lists on Facebook were owned by them, as they have ownership interests in their Facebook profiles, and that because each defendant’s Facebook friends could see the rest of their friend network, these lists were not confidential. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Patently-O

FEBRUARY 22, 2023

As noted above, one of the five sitting ALJs tasked with reviewing those cases, ALJ Cameron Elliot, has ordered third-party litigation funding orders to be produced and indicated, in at least one case, that such funding should be treated as non-confidential. [31] 3] See, e.g., Huber v. 5] See Eric Blinderman et al.,

Litigation 125

Litigation Reporting Settlement Government 125

LexBlog IP

NOVEMBER 11, 2022

delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. million for Ford’s breach of contract. 19cv1865-GPC(DEB), 2022 U.S. Mitsubishi Chemical America , 2022 WL 16573974 (D. May 19, 2022) (Boal, M.J.), IQVIA Inc. ,

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

LexBlog IP

OCTOBER 27, 2022

Lombardi (October 12, 2022) is a timely example of this principle. The 3rd Circuit’s recent decision in Matthews International Corp. ” But the District Court did order fairly sweeping relief against one particularly nefarious defendant, one of plaintiff’s former sales representatives.

Confidentiality 52

Confidentiality Contracts Law Designs 52

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. Publishers Seek Help From U.S.

Publishing 119

Publishing Advertising Advertising Music 119

LexBlog IP

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

TorrentFreak

NOVEMBER 12, 2022

“You must ensure that you do not place digital advertisements on websites providing unauthorized access to copyrighted content and must take all reasonable steps to ensure that third parties with whom you contract do similar,” the regulator warns. That’s exactly the type of domain the IWL was intended to accomodate.

Advertising 69

Advertising Advertising Reporting Intellectual Property 69

LexBlog IP

JANUARY 26, 2022

On January 1, 2022, SB 672 took effect, clarifying ambiguities in the original Act and levying additional requirements on Illinois employers who seek to impose and enforce restrictive covenants. Thus, SB 672’s restrictions apply with equal force to agreements prohibiting the solicitation of customers, vendors and employees.

Confidentiality 52

Confidentiality Business Contracts Law 52

LexBlog IP

JUNE 7, 2023

2] The European intellectual property landscape is already undergoing major upheaval with the launch of the Unified Patent Court (the “UPC”) on 1 June 2023. [3] Confidential nature of the EUIPO’s findings. If the parties fail to agree on a candidate, the Competence Centre would appoint the conciliator. [21]

Licensing 52

Licensing Patent Confidentiality Registration 52

LexBlog IP

DECEMBER 28, 2021

It is essential for companies engaging in international data transactions to carefully review their data privacy policies and contracts to ensure that they are compliant with E.U. A data breach can occur when an unauthorized person or entity accesses, uses, or discloses confidential information, which may include personal data.

Privacy 52

Privacy Government Intellectual Property Business 52

LexBlog IP

MARCH 29, 2022

5th 844 (2022).). The gravamen of LGCY’s claims was that the employees misappropriated LGCY’s trade secrets in violation of the Utah Uniform Trade Secrets Act and breached the noncompetition, non-solicitation, and confidentiality provisions of their employment agreements. The Superior Court, 75 Cal.

Litigation 52

Litigation Contracts Confidentiality Government 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In September 2020, Governor Newsom signed into law the California Affordable Drug Manufacturing Act of 2020 (SB 852), which would allow the state’s Health and Human Services Agency to contract with drug manufacturers and suppliers to produce and distribute its own label of biosimilars, biosimilar insulins, and generic drugs. 17-cv-01407, Dkt.

Litigation 52

Litigation Settlement Marketing Marketing 52