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Peter Toren | Experienced Intellectual Property Lawyer

Posts Tagged ‘Defend Trade Secrets Act’

Department 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…

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DOJ’s “China Initiative”: An Upate

2020 was the two-year anniversary of the Department of Justice’s “China Initiative,” which was intended to increase the focus on the investigation and prosecution of trade secret theft and economic espionage with a Chinese connection under the Economic Espionage Act (“EEA”). According to the DOJ, it charged three economic espionage cases under 18 U.S.C. sec.…

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Defending Trade Secrets with Protective Orders

This article was first published in IPWatchdog.com on October 27, 2020. “Plaintiffs must require the entry of a detailed stipulated protective order that adequately addresses the handling of trade secrets during pre-trial but also covers the trial and post-trial proceedings, including any appeal.” Plaintiffs in trade secret cases are often faced with the difficulty of…

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Improper Means’: The Eleventh Circuit’s Very Dubious Trade Secrets Decision in Compulife Software v. Newman (Part II)

This article was first published in IPWatchdog.com on July 14, 2020. “The court’s analysis is flawed, and it relies on authority that is of limited value.” Part 1of this article addressed the Eleventh Circuit’s decision in Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. May 20, 2020) and the court’s…

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A 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…

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The Scientist and the Spy by Mara Hvistendahl

The history of corporate espionage in the United States is not a recent development. At the beginning of the nineteenth century, the British textile industry was by far the largest in the world and was largely driven by its technological superiority especially the “Cartwright Loom,” which was considered the crown jewel of that industry. Using…

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The Fragile Nature of Trade Secrets: Clues from the Courts on How to Keep Them

Peter Toren | Experienced Intellectual Property Lawyer

“While companies are not required to institute every security measure possible to ensure that their confidential information qualifies as a trade secret, the more security measures implemented, the greater the likelihood that courts will find that the trade secret owner undertook ‘reasonable measures.’”  Trade secrets have become an increasingly valuable asset to many companies, but…

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Review of Key 2019 Trade Secret Decisions and Trends (Part I)

In general, A trade secret is any information used in business if the owner has taken reasonable measures to keep such information secret, and the information derives independent economic value, from not being generally known to, and not being readily ascertainable through proper means by the public. Almost every state has adopted some form of…

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