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Wal-Mart Moves to Hold Whistleblower in Contempt

By John Marsh on May 27, 2011
Posted in General, Intellectual Property, IP Litigation, Trade Secrets

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

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

The Importance of Trade Secret Audits

By John Marsh on May 17, 2011
Posted in Intellectual Property, Restrictive Covenants, Trade Secrets

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.
Continue Reading The Importance of Trade Secret Audits

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

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

Welcome to The Trade Secret Litigator

By John Marsh on April 30, 2011
Posted in Trade Secrets

Welcome to the Trade Secrets Litigator.
Continue Reading Welcome to The Trade Secret Litigator

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About this Blog

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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Recent Updates

  • Yet Another Reason to Fear AI? Two recent decisions provide a reminder of the risks of its use for trade secrets
  • Join Me for the New York City Bar Association’s Trade Secrets Symposium 2026
  • 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)

Blogs

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  • Maxwell Goss
  • Orrick Trade Secrets Watch
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  • Protecting Trade Secrets
  • Smooth Transitions
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  • Trade Secrets Law Blog
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  • Womble’s blog

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Bailey Cavalieri LLC serves clients on a local, national and international level and maintains offices in Columbus and Dayton, Ohio. Primary practice areas include: directors and officers liability; bankruptcy; corporate and business; litigation; communications, energy and public utilities; employee benefits; labor and employment; estates, trusts and probate; health care; insurance; real estate; and tax. More information about the firm is available at www.baileycav.com.

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