Trading Secrets

OCTOBER 18, 2023

We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Under existing California law, non-compete agreements with California employees are typically void.

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Law Contracts Business Confidentiality 59

IPilogue

JANUARY 25, 2023

Richard de Almeida is a 3L JD Candidate at Osgoode Hall Law School. Heading into the program, I had one main goal: to know what it’s like to truly practice law. Frankly, after two years in law school, I feel like I know the general schema of academically learning any new type of law.

Confidentiality 106

Confidentiality Contracts Intellectual Property Law Litigation 106

LexBlog IP

OCTOBER 18, 2023

We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Under existing California law, non-compete agreements with California employees are typically void.

Law 52

Law Contracts Business Confidentiality 52

IPilogue

MAY 17, 2022

Meena Alnajar is an IPilogue Senior Editor, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. However, when that secret is lost by insiders who had a duty of confidence, how can the law step in to help? Therefore, the most important element of a trade secret is that it is kept secret.

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Confidentiality Contracts Intellectual Property Business 119

IPilogue

JANUARY 9, 2023

Meena Alnajar is an IPilogue Senior Editor, an IP Innovation Clinic Senior Fellow, and a 3L JD Candidate at Osgoode Hall Law School. This term, I had the amazing opportunity to work at AstraZeneca Canada through Osgoode’s Intellectual Property Law and Technology Intensive Program placement.

Business 110

Business Privacy Contracts Confidentiality 110

Intellectual Property Law Blog

MARCH 9, 2022

Here, the relevant confidentiality agreement included a forum selection clause to govern patent and other intellectual property disputes between the parties, which stated in relevant part: [T]he Parties agree that all Potential Actions arising under U.S. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”).

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Patent Infringement Intellectual Property Contracts Confidentiality 245

IPilogue

MARCH 8, 2023

Sally Yoon is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach.

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Privacy Confidentiality Litigation Reporting 106

Patently-O

APRIL 25, 2023

Hrdy , Professor of Intellectual Property Law at University of Akron School of Law Are NDAs unenforceable when they protect more than trade secrets? NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are. That said, from reading the case law, a few main problems stand out.

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Confidentiality Contracts Intellectual Property Law Journalism 51

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

JD Supra Law

JANUARY 19, 2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection of trade secrets by contract, including non-competes and confidentiality provisions, is under attack around the country.

Confidentiality 52

Confidentiality Contracts Litigation Business 52

Intellectual Property Law Blog

MARCH 9, 2022

Here, the relevant confidentiality agreement included a forum selection clause to govern patent and other intellectual property disputes between the parties, which stated in relevant part: [T]he Parties agree that all Potential Actions arising under U.S. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”).

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Patent Infringement Intellectual Property Contracts Confidentiality 130

Trading Secrets

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

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Confidentiality Settlement Contracts Business 64

Trading Secrets

JUNE 3, 2022

There have been some noteworthy recent decisions in trade secrets law. The defendant former employee was provided access to plaintiff’s confidential information during employment, including strategies on how to secure winning bids and information about plaintiff’s existing and potential clients. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Trading Secrets

NOVEMBER 9, 2022

Doubly so in trade secret/non-compete litigation. million—before fees and costs—against a former external law firm recruiter. million—before fees and costs—against a former external law firm recruiter. Third, the district court awarded the amount of placement fees that the recruiter received as damages for breach of contract.

Contracts 59

Contracts Confidentiality Litigation Law 59

The IPKat

AUGUST 29, 2021

Last week, China passed the Personal Information Protection Law, a top-level comprehensive data protection law with noticeable parts compatible with the GDPR. Interest in a law to protect personal information began 2003 , when the Information Technology Office of the State Council officially launched legislative research.

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Law Art Privacy Government 97

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. The issue is further exacerbated because adverse litigants in trade secret cases are frequently industry competitors. After all, both parties likely want their sensitive documents protected from disclosure.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

LexBlog IP

NOVEMBER 9, 2022

Doubly so in trade secret/non-compete litigation. million—before fees and costs—against a former external law firm recruiter. million—before fees and costs—against a former external law firm recruiter. Normally, disgorgement-type damages are not available for a breach of contract. Jowers , No.

Contracts 52

Contracts Confidentiality Litigation Law 52

Patently-O

SEPTEMBER 7, 2022

Here, Amyndas (the one left out) had shared confidential information with both Zealand and Alexion (subject to contractual limitations). At that point, Amyndas sued–alleging breach of the Confidential Disclosure Agreements (CDAs); misappropriation of trade secrets; and conspiracy to use misappropriated information. 1391(b)-(d).

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Music Contracts Confidentiality Litigation 56

Trading Secrets

SEPTEMBER 30, 2022

In the fifth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. Vast majority of cases involve misappropriation by electronic means.

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Contracts Confidentiality Litigation Business 75

Trading Secrets

FEBRUARY 6, 2024

Lastly, we saw federal agencies insisting on broad whistleblower protections in confidentiality agreements with impacted employees and customers. California’s new law positions the state as a beacon on the hill for employees and California employers attempting to shed non-compete covenants that may be enforceable in other jurisdictions.

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Confidentiality Contracts IP Law 59

Trading Secrets

DECEMBER 21, 2021

This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. The Connection Between Wage and Hour & Restrictive Covenant Law. Employee Termination & Data Repatriation in the Remote Work Environment. View the Recording.

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Confidentiality Law Contracts Business 69

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality. The court thus dismissed the law firm’s DTSA and CUTSA claims on this basis with leave to amend the complaint. Dahlin (S.D.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

Trading Secrets

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

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. 21-952, Dkt.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

43(B)log

DECEMBER 12, 2022

Windstream has a 2-year contract. With Spectrum there are no contracts. Plus, we will buy you out of your current contract up to $500.” interference with the Windstream entities’ contracts with their customers by the mailing campaign. Will they be able to provide the Internet and TV services you rely on in the future?

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False Advertising Advertising Advertising Contracts 59

LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

LexBlog IP

MARCH 29, 2022

For an employer headquartered outside of California who employs California residents working primarily in California, choice of law and forum selection clauses favoring states other than California may be ineffective against them unless they had counsel who negotiated the provisions on their behalves. The Superior Court, 75 Cal.

Litigation 52

Litigation Contracts Confidentiality Government 52

LexBlog IP

DECEMBER 21, 2021

This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. The Connection Between Wage and Hour & Restrictive Covenant Law. Employee Termination & Data Repatriation in the Remote Work Environment. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

OCTOBER 18, 2023

2] On March 6, 2023, the law firm Stropheus LLC (the “Law Firm”) filed an answer on behalf of Aicon Contemporary. [3] 5] Aicon Art also claimed it warned several times before filing suit that it did not waive the Law Firm’s conflict of interest. [6]

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Art Confidentiality Law Artwork 40

Trading Secrets

JULY 27, 2022

The letter further advised Macaroco that Vanity Lab would take legal action to enforce its rights in the event of a breach of her contract. The letter also stated that Macaroco was prohibited from practicing as an aesthetician for one year following the end of her employment with Vanity Lab.

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Cease and Desist Confidentiality Contracts Business 59

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

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Copyright Infringement Copyright Confidentiality Copying 67

Trading Secrets

JUNE 24, 2021

In the fourth installment of our 2021 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green outlined recent legal developments in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. Vast majority of cases involve misappropriation by electronic means.

Contracts 52

Contracts Confidentiality Litigation Business 52

LexBlog IP

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Licensing 52

Licensing Contracts Litigation Confidentiality 52

LexBlog IP

MAY 22, 2023

Understanding Forced Arbitration Forced arbitration, also known as mandatory or binding arbitration, is a legal process typically included in contracts. Bias Towards Businesses Arbitration can be biased towards the organization that drafted the contract, usually a business. The Risks of Forced Arbitration 1.

Contracts 40

Contracts Business Confidentiality Litigation 40

LexBlog IP

FEBRUARY 10, 2023

The complaint, filed on January 20, 2023, alleges that State Farm illegally submitted personal and confidential information about Plaintiffs’ insurance claims, including medical treatment information, to Verisk / ISO for inclusion in an immense database it maintains.

Privacy 40

Privacy Confidentiality Contracts Law 40

Indiana Intellectual Property Law

JUNE 28, 2022

1030 and committed Breach of Contract. By the end of her employment, Boutell occupied a key executive role wherein she had access to virtually all of Peoplelink’s confidential, proprietary, and trade secret information. 1832 , the Computer Fraud and Abuse Act (CFAA) 18 U.S.C. Accessing any other Peoplelink computers or networks.

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Confidentiality Contracts Business Litigation 40