Are your trade secrets safe if you file them in the federal PACER system?
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Intellectual Property
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.”…
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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…
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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…
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Trade Secrets and Patent Applications: They Can Coexist
By John Marsh on
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.
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Sears and Limited Brands Race to Courthouse over New Exec
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…
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The Importance of Trade Secret Audits
By John Marsh on
An important trade secret safeguard that is sometimes mentioned but rarely emphasized is the need for annual or, better yet, semi-annual audits of written agreements and policies to protect those trade secrets.
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WikiLeaks and Trade Secrets: The First Amendment Challenge
By John Marsh on
Does the First Amendment provide complete protection to a whistleblower like WikiLeaks that attempts to post trade secrets on the Internet?
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Let’s Meet at the AIPLA Spring Meeting in San Francisco
By John Marsh on
Posted in Intellectual Property, IP Litigation
“Re-Thinking Protection of Corporate Secrets in the Wikileaks Era.”…
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WikiLeaks and Trade Secrets: The Perfect Storm
By John Marsh on
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.
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