To preserve your client’s trade secrets during arbitration, it may be necessary to first get a TRO from a court
Continue Reading Advanced Equities v. Felix Investments: Protecting Trade Secrets Pending Arbitration
General
LinkedIn and Litigation: Social Media Continues to Transform Trade Secret Law
LinkedIn and Litigation: Social Media Continues to Transform Trade Secret Law…
Continue Reading LinkedIn and Litigation: Social Media Continues to Transform Trade Secret Law
Apple v. Samsung: Discovery Seeking Future Trade Secrets Denied
By John Marsh on
A recent decision in the high profile Apple v. Samsung case limits expedited discovery to existing product lines and forbids discovery as to future product trade secrets.
Continue Reading Apple v. Samsung: Discovery Seeking Future Trade Secrets Denied
Texas Supreme Court Finds Stock Options Qualify as Valid Consideration for Non-Compete
By John Marsh on
In a significant ruling for employers, the Texas Supreme Court has ruled that stock options can serve as valid consideration to enforce a non-compete…
Continue Reading Texas Supreme Court Finds Stock Options Qualify as Valid Consideration for Non-Compete
Building the Wall: Minimizing Exposure When Hiring an Employee with a Non-Compete
Two recent decisions in the news highlight the risks that may accompany hiring an employee subject to a potentially enforceable non-competition or non-solicitation agreement.
Continue Reading Building the Wall: Minimizing Exposure When Hiring an Employee with a Non-Compete
The Use of Social Media in Trade Secret Litigation and the Waiver of Privilege
By John Marsh on
To what extent does one waive privilege if he or she comments about ongoing trade secret litigation in social media or other contexts?
Continue Reading The Use of Social Media in Trade Secret Litigation and the Waiver of Privilege
Be Careful How and What You File in Federal Court
By John Marsh on
Are your trade secrets safe if you file them in the federal PACER system?
Continue Reading Be Careful How and What You File in Federal Court
Can You “Use” Trade Secrets if You Don’t Disclose Them?
By John Marsh on
Can you use a trade secret to manufacture a competing product so long as you don’t disclose it? Remarkably, in New York, the answer may be “yes.”…
Continue Reading Can You “Use” Trade Secrets if You Don’t Disclose Them?
Third Circuit Requires Clear Showing of Performance for Non-Compete
If a company intends to enforce a non-competition agreement, it better be prepared to convincingly show that it fully complied with the other terms of that agreement…
Continue Reading Third Circuit Requires Clear Showing of Performance for Non-Compete
Wal-Mart Moves to Hold Whistleblower in Contempt
By John Marsh on
Wal-Mart is pursuing contempt charges against a former employee for posting Wal-Mart’s trade secrets on a website in violation of a 2007 temporary restraining order…
Continue Reading Wal-Mart Moves to Hold Whistleblower in Contempt