Given the increasing number and quality of fine posts about trade secret, non-compete and cybersecurity issues, I am resurrecting my regular updates post (although it will be monthly rather than weekly). Without further adieu, here are the noteworthy posts of the past month:
Defend Trade Secrets Act:
- With the recent passage of the 1-year anniversary of the DTSA, there have been a number of interesting posts that have detailed compilations about the cases filed with DTSA claims over the past year. Professor David Opderbeck of Seton Hall has an interesting guest post for Patently O and Fish & Richardson’s Claire Collins, Jeffrey Schneidman and Carol Simons have some noteworthy statistics in their Litigation Blog as well.
- Finnegan’s John Williamson, Paula Miller and Jon Self have a guest post nicely summarizing the extra-territorial reach of the DTSA and other statutes for the IP Watchdog.
- Robert Milligan and Josh Salinas offer their take on likely developments for the DTSA in its second year in Seyfarth’s Trading Secrets Blog.
- Maxwell Goss has a post that suggests that reports of the death of the inevitable disclosure doctrine under the DTSA may be greatly exaggerated in his Law and the Creative Economy Blog.
Waymo v. Uber
- There have been some tremendous articles about the high profile Waymo v. Uber case (I am assuming any reader of this blog is very familiar with this case at this point). Both The Wall Street Journal and The New York Times have supplied very intriguing articles providing the history of the personalities and relationships that shaped the dispute. David Pridham has a perceptive article for Forbes talking about how the criminal referral may shape future IP disputes and I would also highly recommend Derek Handover’s guest post from earlier today for the IP Watchdog that provides some interesting insights about the case.
Trade Secret Developments
- Eric Ostroff has a must-read post in his Protecting Trade Secrets Blog about the recent ABA Ethics Opinion establishing requirements for protecting client communications and confidentiality in trade secret litigation. Seyfarth’s Erik Weibust and Andrew Stark also have a fine post on the same ABA Ethics Opinion in the Trading Secrets Blog.
- Orrick’s Jim Pooley offers some intriguing thoughts on the similarities between trade secret litigation and matrimonial disputes in his post for the Trade Secrets Watch blog.
- Alex Kramer has a solid article about the uptick of trade secret disputes in the high tech arena for Bloomberg’s Law Blog.
- For those in the Lone Star State, Russell Beck has an update on recent amendments to the Texas Uniform Trade Secrets Act in his Unfair Competition Blog.
- And Fisher & Phillips’ Michael Elkon provides some lessons on bet-the-company trade secret cases for Law360.
Non-Competes and Restrictive Covenants
- Ken Vanko unleashes on Goldfish for its efforts to enforce a non-compete against a swim instructor in a “concurring opinion” in his Legal Developments in Non-Competition Blog.
- Professor Orly Lobel of San Diego State continues to be a force to be reckoned with on the issue of non-competes, as her Op-Ed piece for The New York Times demonstrates. The Grey Lady has also weighed on this issue, with an editorial criticizing the use of non-competes, in particular for low-wage workers.