Trade Secrets Trends

Trade Secrets Trends

Analysis and commentary on the latest developments in trade secrets protection, disputes, and enforcement

Anne Elise Herold Li

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Another Case on the Intersection of Criminal and Civil Trade Secret Claims

Posted in Criminal Prosecution, U.S. Litigation
“Ex-DuPont Worker Wins Discovery Stay In Trade Secrets Suit,” an article published earlier today by Law360, cites Crowell & Moring Partner, Mike Songer, as DuPont’s counsel in E.I. du Pont de Nemours and Co. v. Anchi Hou et al., 1:17-cv-00224 (D. Del). The case involves both a civil proceeding and a related criminal case, and the… Continue Reading

Keeping it Under Wraps: Protecting, Asserting and Creating Value from Your Trade Secret

Posted in Defend Trade Secrets Act (DTSA), Event
Counsel Anne Elise Herold Li will be speaking at the 2017 BIO International Convention on a panel titled, “Keeping it Under Wraps: Protecting, Asserting and Creating Value from Your Trade Secret” that will begin at 1:45 pm on June 21. The 2017 BIO International Convention will take place June 19 – 22 at the San… Continue Reading

Trump Administration’s Focus on IP Webinar

Posted in Defend Trade Secrets Act (DTSA), Event, Legislation & Policy
The America Invents Act, the Defend Trade Secrets Act, and recent Court decisions demonstrate the ongoing changes affecting intellectual property. The new Trump administration is expected to continue this trend from the legislative perspective, and is expected that Congress will consider further legislation that may rival the size of the America Invents Act. At the… Continue Reading

Employee Who Stole the Cookie Recipe From the Cookie Jar Fined €1 (Yes, that’s one single Euro)

Posted in Criminal Prosecution, Cyberhacking, EU Regulation
The Criminal Court of Mechelen (Belgium) ruled in favor of Bofin Biscuits against a former production assistant accused of having stolen the assistant director of the cookie baker’s laptop. The laptop allegedly contained the secret recipes of all the cookies produced by Bofin Biscuits. This case is interesting because of the nature of the secrets… Continue Reading

Not So Fast: Ex-Goldman Sachs Employee’s Conviction For Stealing Source Code Reinstated

Posted in U.S. Litigation
Yesterday, an intermediate New York State appellate court, the First Department of the Appellate Division of the New York Supreme Court, reinstated the conviction of an Ex-Goldman Sachs programmer, Sergey Aleynikov. At issue here are allegations that Mr. Aleynikov violated the New York penal code by copying source code for a proprietary high frequency trading… Continue Reading

AIPLA to Host Annual Trade Secret Law Summit

Posted in Event
Join Crowell & Moring at the American Intellectual Property Law Association in hosting its annual Trade Secret Law Summit on March 2-3 in Atlanta, GA. It will cover everything from the fundamentals of trade secret protection to protecting confidential information from cyber-attacks. Registration is now open; please click here to register at AIPLA.org. Crowell partner, Mark… Continue Reading

DTSA UPDATE: Tips for Santa to Maintain Trade Secrets at the North Pole

Posted in Legislation & Policy
1.  Clearly label Christmas cards as “Confidential” if these contain secret wishes. 2.  Amend Confidentiality Agreements and Employee Manual to include the required Whistleblower language – those elves have rights. 3.  Have robust exit interviews with all departing elves, reminding them of their obligations to keep “reindeer games” secret. 4.  Insist that expert toy makers… Continue Reading

Former Executives Seek Sanctions Against Company And Its Counsel For Alleged Failure To Disclose Insurance In Trade Secrets Dispute

Posted in U.S. Litigation
Former executives, who are accused of theft of confidential information, trade secrets, and other intellectual property, have asked a federal court to impose severe sanctions against their old employer and its counsel, including dismissal of the case, for their alleged failure to disclose the existence of insurance that could have covered the executives’ defense costs.… Continue Reading

Texas Supreme Court Issues First Texas Uniform Trade Secrets Act Decision

Posted in Legislation & Policy, U.S. Litigation
The Texas Supreme Court on Friday issued its first decision interpreting the recently enacted Texas Uniform Trade Secrets Act (TUTSA), holding that a defendant’s corporate representative does not have an absolute right to remain in the courtroom while a plaintiff’s trade secrets are discussed.  In re M-I L.L.C. d/ba/ MI-Swaco, No. 14-1045 (Tex. Jan. 13,… Continue Reading

Recent Case Highlights Circuit Split on Important Computer Fraud and Abuse Act Question

Posted in Legislation & Policy
Another court has rejected the broader interpretation of the Computer Fraud and Abuse Act (“CFAA” or “the Act”) as applying to employees who exceed their authorized use.  A recent decision in Minnesota highlights the issue of whether the Act imposes civil liability on employees who have permission to access their employers’ data, but do so… Continue Reading

Santa’s 10 Considerations for Maintaining Trade Secrets at the North Pole

Posted in Data Protection, Legislation & Policy
Santa’s 10 considerations for maintaining trade secrets at the North Pole: Restrict access to facility by choosing remote location. Make the Elves sign Confidentiality Agreements as part of the hiring process. Have robust exit interviews with all departing elves, reminding them of their obligations to keep “reindeer games” secrets. Insist that gift wrapping specialists with prior… Continue Reading

Theft of Trade Secret and Flouting of Court’s Injunction Results in Arrest Warrants

Posted in U.S. Litigation
On October 26, a U.S. District Judge for the Central District of California issued an arrest warrant for two parties in a trade secrets dispute involving a water-splitting technology and formula. The two parties violated a court order from August which required them, among other things, to appear in court on October 26, and cease using… Continue Reading