Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Ninth Circuit Issues Decision on Trade Secret Injunctive Relief
Earlier this year, the Court of Appeals for the Ninth Circuit issued a decision in Citcon USA, LLC v. RiverPay Inc., No. 20-16929, 2022 WL 287563 (9th Cir. Jan 31, 2022), affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.
Intellectual property practitioners are no doubt familiar with the Supreme Court's watershed decision in eBay v. MercExchange, 547 U.S. 388 (2006). That decision overturned a line of Federal Circuit authority holding that permanent injunctions should issue as a matter of course in the presence of patent infringement. While acknowledging that patents grant the right to exclude others from practicing the patented invention, the Supreme Court held that a patentee nonetheless must satisfy the traditional four-factor equitable test for injunctive relief, including a showing of irreparable harm. Similarly, in Winter v. Natural Resource Defense Council, 555 U.S. 7 (2008), the Supreme Court instructed that plaintiffs seeking preliminary injunctive relief must establish a likelihood of irreparable injury.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.