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Trade Secrets and Patent Applications: They Can Coexist

By John Marsh on May 25, 2011
Posted in General, Intellectual Property, IP Litigation, Patents, Texas, Trade Secrets

A recent case from the United States Court of Appeals for the Fifth Circuit joins a number of other cases refusing to adopt a broad rule in this situation and requires a district court to examine the fact of each trade secret case.
Continue Reading Trade Secrets and Patent Applications: They Can Coexist

Sears and Limited Brands Race to Courthouse over New Exec

By John Marsh on May 18, 2011
Posted in General, Intellectual Property, IP Litigation, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

Sears’ Lands’ End unit is sparring with Limited Brand’s Bath & Body Works over the hire of senior executive Nicholas P.M. Coe as Bath & Body Works’ new CEO, claiming he is violating his non-compete…
Continue Reading Sears and Limited Brands Race to Courthouse over New Exec

WikiLeaks and Trade Secrets: The First Amendment Challenge

By John Marsh on May 13, 2011
Posted in General, Intellectual Property, IP Litigation, Trade Secrets

Does the First Amendment provide complete protection to a whistleblower like WikiLeaks that attempts to post trade secrets on the Internet?
Continue Reading WikiLeaks and Trade Secrets: The First Amendment Challenge

Let’s Meet at the AIPLA Spring Meeting in San Francisco

By John Marsh on May 12, 2011
Posted in Intellectual Property, IP Litigation

“Re-Thinking Protection of Corporate Secrets in the Wikileaks Era.”…
Continue Reading Let’s Meet at the AIPLA Spring Meeting in San Francisco

WikiLeaks and Trade Secrets: The Perfect Storm

By John Marsh on May 10, 2011
Posted in General, Intellectual Property, IP Litigation, Trade Secrets

The WikiLeaks scandal has generated widespread concern about how to manage a crisis where a disgruntled employee seeks to post confidential information or trade secrets on the Internet.
Continue Reading WikiLeaks and Trade Secrets: The Perfect Storm

Social Media and Trade Secrets, Part I

By John Marsh on May 4, 2011
Posted in General, Intellectual Property, IP Litigation, Licensing, New York, Social Media, Trade Secrets

A recent case from the Eastern District of New York illustrates the challenges that an employer may now face when seeking to protect a customer list in this age of social media.
Continue Reading Social Media and Trade Secrets, Part I

Arbitration and Trade Secrets: Avoiding the Trap

By John Marsh on May 4, 2011
Posted in Intellectual Property, IP Litigation, Licensing, Technology Transactions, Trade Secrets

Agreements requiring the arbitration of disputes are generally perceived as being “pro-business,” but do they really help a business in the trade secret context?
Continue Reading Arbitration and Trade Secrets: Avoiding the Trap

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I’m a Columbus, Ohio-based attorney with a national legal practice in trade secret, non-compete, and emergency litigation. Thanks for visiting my blog. I invite you to join in the conversations here by leaving a comment or sending me an email at jmarsh@baileycav.com.

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  • Three More Mammoth Trade Secret Verdicts Fail to Survive Appeal: The Trade Secret Litigator Reads the Tea Leaves (Part I)
  • Join me for the OSBA’s “2026 Trade Secrets and Restrictive Covenants Symposium: How to protect your trade secrets, navigate an ever-evolving legal landscape and manage technologies like generative AI”
  • Trade Secrets & Restrictive Covenants: 2025 Recap, 2026 Outlook (Fairly Competing, Episode 28)
  • Trade Secrets & Restrictive Covenants: 2024 Recap, 2025 Outlook (Fairly Competing, Episode 27)
  • Everything You Wanted to Know About Litigation Funding But Were Afraid to Ask: Join us for our podcast with Stephanie Southwick (Fairly Competing, Episode 26)

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