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Trade Secrets

  • Earlier this year, the Ninth Circuit issued a decision 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 While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.

    April 01, 2022John Lanham and Nishi Tavernier
  • Effective corporate collaborations — whether close customer relationships, supplier partnerships or formal joint ventures — demand that sensitive information be shared. Without proper agreements and well-defined boundaries, however, those corporate collaborations can lead to loss of trade secret protection and entangle the parties in litigation.

    May 01, 2020Felix Eyzaguirre and Katherine D. Prescott
  • Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

    September 01, 2019David S. Gold
  • The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.

    March 01, 2019Conor Tucker
  • The Detail Dilemma

    How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

    November 01, 2018Daniel R. Saeedi
  • Cryptocollectible Concept Denied Trade Secret Protection
    Jefferson Starship Co-Founder Loses Anti-SLAPP Motion Against Current Members of Band

    August 01, 2018Stan Soocher