Trade Secrets Trends

Trade Secrets Trends

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

Brendan Sepulveda

Brendan Sepulveda Brendan Sepulveda is an associate in the firm's Washington, D.C. office, where he practices in the Antitrust and Intellectual Property groups. In his antitrust practice, Brendan counsels and represents clients in both litigation and transactions related to competitor collaborations, mergers, acquisitions, joint ventures, and compliance with the Hart-Scott-Rodino Act in addition to representing clients in regulatory reviews and investigations by the Department of Justice (DOJ) and Federal Trade Commission (FTC). Brendan also represents clients seeking to recover damages in private antitrust litigation. In his intellectual property practice, Brendan represents clients in trade secret and patent litigation across a variety of industries, including telecommunications, lighting, and life sciences.

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No Soup for You! Panera Sues Papa John’s and Former Exec for Trade Secret Theft

Posted in Non-Competes, U.S. Litigation
Last month, Panera, the sandwich company perhaps best known for its “You-Pick-Two”® soup-salad-sandwich offering, brought suit under the Defend Trade Secrets Act (DTSA) against Michael Nettles, a former Panera executive who left the bread bowl purveyor for employment with Papa Johns. In its suit, Panera alleges that Nettles breached his employment agreement (which specifically identified… Continue Reading

Beware of a Broad Arbitration Clause

Posted in Legislation & Policy, Non-Competes, U.S. Litigation
Tort claims of trade secret theft, fraud, unfair competition, tortious interference with contract, and civil conspiracy can fall within the scope of an overly broad arbitration clause. Medversant Technologies, LLC v Leverage Health Solutions, LLC, et al., 114 F. Supp. 3d 290 (E.D. Pa. 2015). In this case, the district court looked “not to the… Continue Reading

Chinese Scientists Accused of Trade Secret Theft in Recent DOJ Indictment

Posted in Criminal Prosecution
Late last month, the U.S. Attorney’s Office for the Eastern District of Pennsylvania announced the indictments of GlaxoSmithKline (GSK) scientists Yu Xue and Lucy Xi, as well as three of their associates for trade secrets theft, wire fraud, and conspiracies to commit both crimes. The indictment accuses the scientists of transmitting proprietary GSK data to… Continue Reading

U.S. and China Agree on Joint Efforts Against Theft of Corporate IP

Posted in Cyberhacking, Data Protection
  This past Friday, President Barack Obama and Chinese President Xi Jinping announced that the United States and China had reached a “common understanding” to fight state-sponsored, corporate cyber espionage between the countries. During a joint press conference, President Obama said that “neither the U.S. nor the Chinese government will conduct or knowingly support cyber… Continue Reading

Twice Convicted, Twice Reversed: Another Aleynikov Code Theft Conviction Overturned

Posted in Criminal Prosecution, Cyberhacking, U.S. Litigation
Sergey Aleynikov, the ex-Goldman Sachs computer programmer convicted of stealing high-frequency trading source code, has once again succeeded in reversing a criminal conviction related to his infamous code-copying acts. Federal prosecutors had previously charged, tried, and won a conviction of Aleynikov for violations of the federal National Stolen Property Act (NSPA) (18 USC § 2314) and… Continue Reading