Three Key Considerations for Trade Secret Owners Seeking Protection Under the Texas Uniform Trade Secrets Act
June 30, 2025
In today’s competitive marketplace, a company’s most valuable assets are often not found on its balance sheet. The proprietary formulas, customer databases, pricing models, and operational processes that give businesses their competitive edge represent intellectual capital that can literally be worth millions — or lost in an instant. As innovation drives business success, protecting these trade secrets has become critical to maintaining market position and profitability.
Down the Rabbit Hole: Bankruptcy Practice In Uncertain Times
May 31, 2025
The world — and particularly the U.S. economy — is navigating unprecedented and turbulent times. For bankruptcy professionals, it may feel as though we’ve fallen down Alice’s rabbit hole, where the rules we've long understood and accepted no longer apply. In this new reality, uncertainty defines both the global and American economic landscapes.
The Curious Persistence of the Six-Factor Trade Secret Test
April 30, 2025
This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.
Secondary Liability for Copyright Infringement At the Supreme Court
December 01, 2024
In February 2024, the Fourth Circuit addressed a jury’s 2020 damages award of $1 billion finding Cox secondarily liable for its subscribers’ copyright infringement through illegal copying of copyrighted songs. Both Cox and Sony filed petitions for certiorari.
Credible Fraudulent Transfer Advocacy
October 01, 2024
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
IP News
September 01, 2024
Federal Circuit: Affirms Preliminary Injunction on Cancer Assays
Federal Circuit: Affirms Judgment of Unpatentability on the Pleadings for Claims Directed to Method of Assisting an Investigator in Conducting a Background Investigation
IP News
August 01, 2024
Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?
Patent Your Trade Secrets In Wake of Noncompete Ban
July 01, 2024
While it may be growing more difficult to protect business information with the FTC's noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Trade Secret Protection Plans Provide Certainty to Employers
June 01, 2024
The protection of trade secrets has long been understood to be a legitimate business interest, and, traditionally, companies have used non-competition clauses to protect their trade secrets. Now, with non-competition agreements in doubt and facing greater scrutiny, companies will need to rely on other protection mechanisms.
Determining the Indubitable Equivalent of A Bankruptcy Claim
June 01, 2024
One aspect of the dispute in interpreting clauses in an agreement from a financial point of view, and one with significant consequences, centered around the term indubitable equivalent value for a Class 5 creditor in the context of a debtor's fifth amended Chapter 11 plan and objection to confirmation filed by creditor. The U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division opined on that issue.
