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Joint Ventures and Strategic Partnerships After the Defend Trade Secrets Act of 2016
American companies, and foreign companies doing business in the United States, routinely collaborate with outside entities in mutually beneficial joint ventures and strategic partnerships. In that process, however, these companies can risk losing protection for their critical trade secrets to outsiders.
Although misappropriation of a trade secret by a joint venture partner is not the most common form of this kind of theft, misappropriation in its various forms is a significant issue in the American business community. The Congressional Research Service estimated in April 2016 that “U.S. companies annually suffer billions of dollars in losses due to the theft of their trade secrets.” In 2013, then-U.S. Attorney General Eric Holder reportedly stated that “there are only two categories of companies affected by trade secret theft: those that know they've been compromised and those that don't know yet.” In fact, in an editorial in Politico earlier this year, U.S. Senators Orrin Hatch (R-UT) and Chris Coons (D-DE) estimated that “trade secrets are worth $5 trillion to the U.S. economy.”
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.