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Features

Preventing Insider Trading at Biopharma Companies Image

Preventing Insider Trading at Biopharma Companies

Scott R. Jones

Biopharma companies and their insiders often possess material, nonpublic information. And since company equity usually makes up a large part of insiders' compensation, legal issues arise when they have access to such information and want to trade their equity.

Features

Protecting Product Packaging and Product Configuration Image

Protecting Product Packaging and Product Configuration

Marcus S. Harris

Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”

Features

Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal Image

Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal

Zach Warren

<b><i>With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry</b></i><p>These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.

Features

Entertainment Industry: Take Note Of Surge in Trade Secrets Litigation Image

Entertainment Industry: Take Note Of Surge in Trade Secrets Litigation

Zach Warren

Intellectual property battles in technology, including in the entertainment industry, are nothing new, but their nature might be shifting. These days, many of the big IP litigation battles have nothing to do with patents, trademarks or copyrights. Instead, it's all about trade secrets.

Features

Emerging Issues In the DTSA's Second Year Image

Emerging Issues In the DTSA's Second Year

Robert B. Milligan & D. Joshua Salinas

One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.

Features

Trade Secrets and Whistleblower Disclosures Image

Trade Secrets and Whistleblower Disclosures

Philip M. Berkowitz

A national bank client calls you and says that an internal auditor employee, who has signed stringent confidentiality and non-disclosure agreements, has…

Features

Seizure Issues To Consider in Federal Trade Secrets Act Image

Seizure Issues To Consider in Federal Trade Secrets Act

Christopher Cox & Bambo Obaro

Both before and after the passage of the Defend Trade Secrets Act (DTSA) in May 2016, which created a federal civil cause of action for trade secrets misappropriation, much ink was spilled over the controversial “seizure” provision.

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