Posts Tagged ‘Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases’
Ninth Circuit Gives Guidance on Specification of Trade Secrets Under the Defend Trade Secrets Act
This was first published in IPWatchdog on February 2, 2021. “The court found that the identification of trade secrets is an ‘iterative process where requests between parties lead to a refined and sufficiently particularized trade secret identification.’” Two of the most important issues in trade secret cases involve the timing of when the plaintiff is…
Read MoreDepartment of Justice’s “China Initiative:” Two Year Recap
This was first published in IPWatchdog on January 3, 2021. “The Biden administration and the DOJ should review the China Initiative to determine whether prosecutions and investigations are based on the race, ethnicity or ancestry of the targeted individual, and if so to take remedial action to prevent such profiling in the future.” One of…
Read MoreA Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)
This article was first published in IPWatchdog.com on July 2, 2020.https://www.ipwatchdog.com/ “Surely, this is not the first instance in which bots were used to scrape publicly available information from a website. Yet the Eleventh Circuit failed to provide any support for its conclusion…. If support existed for the court’s legal analysis and conclusion, it undoubtedly…
Read MoreThe Sedona Conference’s Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases.
Two of the more important issues in trade secret cases involve when the plaintiff is required to identify its alleged trade secrets, and the degree of specificity with which they must be identified. However, the DTSA does not address either of these issues and most state courts have not agreed on uniform standards. The degree…
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