Posts Tagged ‘Misappropriation of trade secrets’
Ex Parte Seizures Five Years After the Enactment of the Defend Trade Secrets Act
This was first published in IPWatchdog on March 26, 2021. “Parties seeking the extraordinary remedy of an ex parte seizure order should emphasize whether, for example, the defendant has a high level of computer proficiency and that such a defendant may find ways to hide, quickly disseminate, or otherwise destroy key evidence if such…
Read MoreNinth 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 MoreDefending 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…
Read MoreTrade Secrets Lessons from Epic Systems Corp. v. Tata Consultancy Services
“This is one of the largest-ever awards in a trade secret case. For smaller companies, it may be large enough to put them out of business. It is critical, therefore, that companies take steps, including training employees not to steal trade secrets.” On August 20, the Seventh Circuit in Epic Systems Corp. v. Tata Consultancy…
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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