Trade Secrets Trends

Trade Secrets Trends

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

Michael J. Songer

Michael J. Songer Michael J. Songer is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm's Intellectual Property Group. As a member of the firm's Commercial Litigation, Intellectual Property, and Privacy & Cybersecurity groups, his practice focuses on complex commercial disputes.

Read Mike's bio on Crowell & Moring's website

Subscribe to all posts by Michael J. Songer

The First DTSA Verdict: $500,000 for Misappropriation of a Fig Spread Recipe

Posted in Defend Trade Secrets Act (DTSA), Legislation & Policy, U.S. Litigation
In less than a year from its enactment, the Defend Trade Secrets Act (DTSA) has now yielded its first jury verdict with a victory for the Florida-based company Dalmatia Import Group, Inc. The center of controversy revolved around a gourmet fig spread made with a secret recipe and process.  The jury returned a $500,000 award… Continue Reading

4 Key Takeaways: What the New Federal Trade Secrets Law Means for Your Clients (June 15 Webinar)

Posted in Legislation & Policy, Non-Competes
On June 15, Crowell & Moring hosted a trade secrets webinar, “What the New Federal Trade Secrets Law Means for Your Clients.” The panelists, Mark Klapow, Mark Romeo, Mike Songer, and Vince Galluzzo provided an overview Defend Trade Secrets Act (DTSA), signed by President Obama in May. The panelists also discussed how the courts are… Continue Reading

DTSA Update: Alphabet and Google Accused of Misappropriation of Trade Secrets Under The DTSA

Posted in U.S. Litigation
In the highest-profile case filed to date under the recently enacted Defend Trade Secrets Act, Space Data has accused Alphabet and Google of misappropriation of trade secrets in the launch of their balloon-based wireless network code named Project Loon, in a complaint filed in the U.S. District Court for the Northern District of California. Space… Continue Reading

Senate Unanimously Votes to Create Federal Civil Action for Trade Secrets Misappropriation

Posted in Data Protection, Legislation & Policy, U.S. Litigation
On Monday April 4, after remarks from the bill’s sponsors Orrin Hatch (R) Utah and Christopher Coons (D) Delaware, the Senate voted 87-0 in favor of the Defend Trade Secrets Act of 2015, S. 1890. As we have previously reported, the Act will create a federal civil cause of action for trade secrets misappropriation, which… Continue Reading

Bellwether DuPont-Kolon Trade Secrets Case Resolved Through Civil Settlement and Criminal Guilty Plea

Posted in Criminal Prosecution, U.S. Litigation
E.I. DuPont de Nemours & Co. settled its long-running trade secret dispute against Kolon Industries, Inc. over the theft of trade secrets related to DuPont’s flagship Kevlar® product. Crowell & Moring attorneys, in partnership with McGuireWoods LLP, represented DuPont in the six-year battle. Kolon also pled guilty to one count of a conspiracy to convert… Continue Reading

EU Lays Foundation For Harmonized Trade Secret Protection Across Member States

Posted in EU Regulation
On November 28, 2013, the European Commission (EC) proposed a directive “on the protection of undisclosed know-how and confidential business information (trade secrets) against their unlawful acquisition, use and disclosure.” If adopted, the directive will establish a common definition of “trade secrets” and set of remedies in all 28 European Union (EU) Member States. The proposed directive… Continue Reading

The White House Shines a Spotlight on Trade Secret Theft

Posted in Legislation & Policy
In the wake of legislation strengthening U.S. federal trade secret statutes and a recent National Intelligence Estimate sounding the alarm on the economic costs of cyber-espionage, the White House in February 2013 released a new “Administration Strategy to Mitigate the Theft of Trade Secrets.” The report, produced by the U.S. Intellectual Property Enforcement Coordinator, Victoria… Continue Reading

Second Circuit Holds That Employee’s Misuse of Information on a Computer Server Alone Satisfies Minimum Contacts Test for Personal Jurisdiction in That State

Posted in Cyberhacking, U.S. Litigation
The Second Circuit Court of Appeals has given employers more flexibility in pursuing trade secret claims that are based on an employee’s theft of a company’s computer files. In MacDermid, Inc. v. Deiter, No. 11-5388-cv (2d Cir., Dec. 26, 2012), the court found that misappropriation from a computer server located in one state is a sufficient… Continue Reading

DOJ Prosecution of Chinese State-Owned Enterprise for Trade Secrets Theft Offers Lessons for U.S. Businesses

Posted in Cyberhacking, Legislation & Policy, U.S. Litigation
For the first time, the U.S. Department of Justice has indicted a Chinese state-owned enterprise for violating the Economic Espionage Act, in connection with efforts to acquire manufacturing technology for titanium dioxide, a white pigment commonly used in paint, plastics and paper. The indictment specifically alleges that “the People’s Republic of China (PRC) publicly identified… Continue Reading