Disclaimer

This Blog/Web Site ("Blog") does not provide specific legal advice. It is for educational purposes only. Use of the Blog does not create any attorney-client relationship between you and Holland & Knight LLP or the author(s) of any posts. The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any links from another site to the Blog are beyond the control of Holland & Knight LLP and do not convey their approval, support or any relationship to any site or organization.

Find News & Knowledge

Trade Secrets Blog

Welcome to the Holland & Knight Trade Secrets Blog, featuring commentary on timely news in the trade secret arena and analysis on how companies and entrepreneurs can safeguard and protect their assets – especially trade secrets, confidential information, business property and customer relationships, and defend against trade secret claims.

Showing 1-20 of 24 results
Sort By:
 
Next
A previous post on this blog (Nov. 20, 2018) analyzed state laws that require a plaintiff suing for trade secret misappropriation to identify its alleged trade secret(s) with particularity, before discovery begins. As discussed in that post, two states – California and Massachusetts – have enacted such a requirement by statute while many other states have created a similar requirement under common law.
Read more »
February 7, 2019
|
Chief Judge Frank P. Geraci, of the Western District of New York, recently denied a temporary restraining order and preliminary injunction sought by irth Solutions, LLC (irth Solutions) to protect the "unique combination" trade secret it alleged was misappropriated by its competitor under common law and the Defend Trade Secrets Act (DTSA), Irth Solutions, LLC v. Apex Data Solutions & Servs., LLC, 18-CV-6884-FPG, 2019 WL 283831 (W.D.N.Y. Jan. 22, 2019).
Read more »
February 6, 2019
|
In drafting initial pleadings, some litigators assert every cause of action that could possibly fit the facts, so as to protect their clients from every angle. This approach requires extra care when one of the claims arises under the Uniform Trade Secrets Act (UTSA), which has been adopted in some form or another by virtually every U.S. state and territory. The reason? The UTSA's preemption provision—Section 7 of the Uniform Act—mandates that the trade secrets act "displaces" all other non-contractual civil remedies for trade secret misappropriation.
Read more »
January 11, 2019
|
The owner of a trade secret must take reasonable measures to keep the information secret in order to claim protection under the federal Defend Trade Secrets Act (DTSA) or state trade secrets acts. Yet, in order to conduct business, the owner of a trade secret sometimes must share the information with employees or other parties with whom it does, or would like to do, business (a franchisee, a joint venture partner, a potential buyer, etc.).
Read more »
December 17, 2018
|
The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to adversely affect the subject's business. The U.S. District Court for the District of Massachusetts (Saylor, J.) recently addressed some of these issues in the course of granting a motion to dismiss in Craft Beer Stellar LLC v. Glassdoor, Inc., Case No. 18-cv-10510, 2018 U.S. Dist. LEXIS 178960 (D. Mass. Oct. 17, 2008), a case in which a California company, Glassdoor, Inc., tried to respond to complaints from a franchisor, Craft Beer Stellar LLC (Craft), about negative reviews of Craft's business, and its owner, posted on Glassdoor's website.
Read more »
December 5, 2018
|
In a case of first impression, Judge Gregg Costa of the Fifth Circuit, affirming a lower court decision, held that a dismissal without prejudice of a Defend Trade Secrets Act (DTSA) case does not support a prevailing-party fee award. Dunster Live, LLC v. Lonestar Logos Management Company, (5th Cir.-- F.3d -- (2018)) 2018 WL 5916486.
Read more »
November 26, 2018
|
Massachusetts recently adopted a version of the Uniform Trade Secrets Act (UTSA) that became effective on Oct. 1, 2018. While similar to the UTSA in nearly every respect, the Commonwealth's new trade secret act additionally requires that plaintiffs must, before discovery begins, "identify the trade secret with sufficient particularity under the circumstances of the case to allow the court to determine the appropriate parameters of discovery and to enable reasonably other parties to prepare their defense."
Read more »
November 20, 2018
|
A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach of a non-disclosure agreement. One issue that has arisen in such cases is whether the trade secret claim can be barred, in whole or in part, by the "economic loss rule."
Read more »
November 9, 2018
|
In a recent case involving hackers that stole "payment card data" from Chipotle, Judge William J. Martinez in the United States District Court for the District of Colorado found on an issue of first impression that payment card data was not a trade secret and dismissed the claims brought under the Defend Trade Secrets Act (DTSA).
Read more »
Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets Act (DTSA). Swarmify Inc. v. CloudFlare Inc., No. C 17-06957, WHA (N.D. Cal. Sept. 28, 2018).
Read more »
It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA) for disclosing your trade secrets" – at least so long as the disclosure is lawful under existing law apart from the DTSA.
Read more »
October 17, 2018
|
In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed it, here is the PowerPoint presentation of this webinar.
Read more »
Theft of trade secrets typically spurs civil actions against the offender, but theft of trade secrets can also be prosecuted criminally under the Economic Espionage Act, 18 U.S.C. § 1831 et seq. (the “Act”) and other related statutes. Several high-profile arrests, convictions, and indictments have come down in recent months highlighting the Department of Justice’s active enforcement in this area.
Read more »
September 21, 2018
|
The Defend Trade Secrets Act (DTSA) provides for remedies in the form of damages, an injunction, and fees. 18 U.S.C. § 1836(b)(3). In addition to these remedies, DTSA provides for an ex parte pre-trial seizure of property. This potential remedy is what helped make DTSA unique compared to other Uniform Trade Secrets Act (UTSA)-based claims.
Read more »
A recent report from Lex Machina, an IP litigation research company, shows that the United States District Court for the Central District of California had more trade secret lawsuits in the last decade than any other district court in the country.
Read more »
New Massachusetts laws govern the protection of trade secrets and the enforceability of noncompete agreements. Massachusetts Gov. Charlie Baker recently signed into law the state's version of the Uniform Trade Secrets Act (UTSA) and a law imposing strict requirements concerning noncompetes. The laws are effective Oct. 1, 2018.
Read more »
Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action (including, where applicable, a state version of the Uniform Trade Secrets Act), and federal litigation was only possible with diversity jurisdiction or the inclusion of another federal claim. While DTSA changed the substantive and jurisdictional landscape of trade secret litigation in many ways, Congress expressly stated the DTSA should not be construed to pre-empt state law.
Read more »
On Aug. 7, 2018, the Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Barker Boatworks, LLC, rejecting Yellowfin Yacht's Florida Uniform Trade Secret Act (FUTSA) claim. In its ruling, the court explained that a trial was not necessary because, among other things, Yellowfin failed to adequately protect its trade secrets by permitting an employee to access Yellowfin's confidential information on his personal laptop and cell phone. The decision is a warning to companies that want to protect their business information.
Read more »
August 10, 2018
|
The Federal Circuit recently held that a plaintiff seeking disgorgement of defendant's profits as a remedy for trade secret misappropriation has no right to a jury decision on the amount to be awarded; instead, the defendant is entitled to a decision by the trial court on that issue.
Read more »
The Uniform Trade Secrets Act (UTSA), a model law governing civil actions for trade secret misappropriation that was first published more than 30 years ago, has helped to protect trade secrets in the numerous states that adopted it.
Read more »
August 6, 2018
|
Next