Searching Content indexed under Trade Secrets by Holland & Knight ordered by Published Date Descending.
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Pennsylvania's "Gist Of The Action" Doctrine Does Not Preclude Trade Secret Claims
Pittsburgh Logistics (PL) sued its competitor and former employee, alleging that the employee breached his employment agreement by working for the competitor...
United States
14 Aug 2019
Trade Secret Claims Related To Hacking Of DNC's Computers Dismissed With Prejudice
The Court ultimately dismissed the trade secret claims with prejudice because they were barred by the First Amendment and the DNC had failed to state a claim.
United States
14 Aug 2019
"Head Start" Damages Affirmed Against Employee Who Started Competitor in China
After Sabre discovered what happened and sued Shan, the parties ended up in arbitration proceedings.
United States
14 Aug 2019
Authorized Access Of Proprietary Information And Impact On CFAA Claim
Employers continuously face a key employee or consultant leaving or separating from the company to join or start a competing business.
United States
14 Aug 2019
Trade Secret Claims Tanked Based Upon Delay
Recently, the Eighth Circuit Court of Appeals considered the three-year statute of limitations provisions of the Defend Trade Secret Act (DTSA) and Iowa Trade Secrets Act (UTSA).
United States
25 Jul 2019
The Duty Of Confidentiality And The Choice Of Law
The District of Rhode Island answered an interesting question recently: which jurisdiction's law should define the duty of confidentiality owed to an employee's Italian-based former employer?
United States
28 Mar 2019
Company's Covert Monitoring Of Former Employees' Private Facebook Messenger Conversations Was Not "Unclean Hands"
The equitable defense of "unclean hands" is often raised but rarely proven. Sometimes stated as "he who comes into equity must come with clean hands," it is based on the maxim
United States
11 Mar 2019
Pre-Discovery Trade Secret Identification Under The DTSA
A previous post on this blog (Nov. 20, 2018) analyzed state laws that require a plaintiff suing for trade secret misappropriation to identify its alleged trade secret(s) with particularity,
United States
14 Feb 2019
Injunctive Relief Denied In Trade Secret Theft Case
Chief Judge Frank P. Geraci, of the Western District of New York, recently denied a temporary restraining order and preliminary injunction sought by irth Solutions, LLC to protect the "unique combination" trade secret...
United States
12 Feb 2019
The UTSA And Preemption Of Other Claims - A Trade Secret Claim By Any Other Name (Usually) Does Not Smell So Sweet
In drafting initial pleadings, some litigators assert every cause of action that could possibly fit the facts, so as to protect their clients from every angle.
United States
17 Jan 2019
Trade Secrets And Non-Disclosure Agreements
The owner of a trade secret must take reasonable measures to keep the information secret in order to claim protection under the federal Defend Trade Secrets Act (DTSA) ...
United States
20 Dec 2018
Craft Brewer Failed Attempt To Use Trade Secret Laws To Close The Door On Glassdoor Reviews
The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, ...
United States
10 Dec 2018
A Dismissal Without Prejudice May Not Support Fee Award Under The DTSA
In a case of first impression, Judge Gregg Costa of the Fifth Circuit, affirming a lower court decision, held that a dismissal without prejudice of a Defend Trade Secrets Act (DTSA) case does not support a prevailing-party fee award.
United States
28 Nov 2018
Exploring The Pre-Discovery Trade Secret Identification Requirement In Massachusetts And Across The Country
Massachusetts recently adopted a version of the Uniform Trade Secrets Act (UTSA) that became effective on Oct. 1, 2018.
United States
26 Nov 2018
Whether The "Economic Loss Rule" Applies To DTSA Claims
A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach...
United States
14 Nov 2018
Payment Card Data Is Not Trade Secret Information Under The DTSA
In a recent case involving hackers that stole "payment card data" from Chipotle.
United States
9 Nov 2018
Trade Secret Defendant Awarded Fees For "Objectively Specious" DTSA Claims
Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part,
United States
5 Nov 2018
You Can't Sue The Government Under The Federal Trade Secrets Act
It's an old aphorism that "you can't fight City Hall."
United States
19 Oct 2018
You Can't Sue The Government Under The Federal Trade Secret Act
It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA)...
United States
18 Oct 2018
Reminder: U.S. Companies Doing Business Abroad Likely Need To File BE-120 Survey
If a U.S. company provided services to a foreign person, or purchased services from a foreign person, during fiscal year 2017 ...
United States
2 Oct 2018
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