Trade Secrets Trends

Trade Secrets Trends

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

Preetha Chakrabarti

Preetha Chakrabarti Preetha Chakrabarti is a counsel in Crowell & Moring's New York office and is a member of the firm's Intellectual Property and Environmental & Natural Resources groups. Preetha's intellectual property practice consists of patent litigation, with an emphasis on representing generic pharmaceutical companies in litigation under the Hatch-Waxman Act, as well as matters related to trademark infringement, including opposition proceedings with the Trademark Trial and Appeal Board (TTAB).

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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

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

United States v. Nosal: Keep Your Friends Close, but Your Passwords Even Closer

Posted in Criminal Prosecution, Data Protection, U.S. Litigation
On July 5, 2016, the Ninth Circuit affirmed the conviction of David Nosal, an ex-employee of Korn/Ferry, an executive search firm, who left to start a competing firm. With Nosal’s knowledge and encouragement, two other former employees of Korn/Ferry used a current employee’s credentials to gain access to the Korn/Ferry database and take confidential information.… 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

Vroom vroom! Mercedes v Ferrari-bound Engineer

Posted in Non-Competes, U.S. Litigation
On December 7, 2015, Mercedes’ suit against Benjamin Hoyle, one of its former engineers who allegedly breached his employment contract and misappropriated confidential, trade secret information, was made public. Since 2012, Hoyle had been a member of Mercedes’ Performance Engineering Department working on the Mercedes’ High Performance Powertrain (HPP) Limited Formula One (F1) racing engines. Last year,… Continue Reading

Value is in the Eye of the Court: Eighth Circuit Affirms Macquarie Bank’s Misappropriation of Trade Secrets, Resolving Longstanding Dispute

Posted in U.S. Litigation
Banks; oil and gas leases; trade secrets. All three came to a front in a longstanding legal battle that culminated in a decision by the Eight Circuit Court of Appeals on Friday July 17, 2015, affirming that a bank had misappropriated an energy company’s trade secrets. The Court of Appeals upheld a decision from the U.S.… Continue Reading