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Features

Three Key Considerations for Trade Secret Owners Seeking Protection Under the Texas Uniform Trade Secrets Act Image

Three Key Considerations for Trade Secret Owners Seeking Protection Under the Texas Uniform Trade Secrets Act

Richard Hathaway

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.

Features

The Curious Persistence of the Six-Factor Trade Secret Test, Part 2 Image

The Curious Persistence of the Six-Factor Trade Secret Test, Part 2

Richard Rothman

This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.

Features

The Curious Persistence of the Six-Factor Trade Secret Test Image

The Curious Persistence of the Six-Factor Trade Secret Test

Richard Rothman

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.

Features

Examining the Extraterritoriality of the DTSA Image

Examining the Extraterritoriality of the DTSA

Jie Gao & Hunter Hendrix

Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case in which a claim under the DTSA was asserted.

Features

The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA Image

The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA

Jie Gao & Hunter Hendrix

Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case which provides a roadmap for future cases involving international trade secret theft, finding liability for foreign misappropriation triggered by a domestic act.

Features

LJN Quarterly Update: 2024 Q2 Image

LJN Quarterly Update: 2024 Q2

Steve Salkin

The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

Features

Patent Your Trade Secrets In Wake of Noncompete Ban Image

Patent Your Trade Secrets In Wake of Noncompete Ban

Daniel E. Rose

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.

Features

Trade Secret Protection Plans Provide Certainty to Employers Image

Trade Secret Protection Plans Provide Certainty to Employers

Hannah Elizabeth Jarrells & Edward D. Lanquist

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.

Features

Protection for Confidential Business Information In a Changing Non-Compete Landscape Image

Protection for Confidential Business Information In a Changing Non-Compete Landscape

Stephen M. Kramarsky & John Millson

While reasonable post-employment restrictions remain enforceable (at least in the context of confidential information), the increased hostility to them has revived interest in the use of other legal protections for proprietary business materials.

Features

Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially Image

Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially

Nicole D. Galli

In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.

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