Federal Court Addresses Defend Trade Secret Act Immunity

The Defend Trade Secrets Act, 18 U.S.C. 1030, et seq., provides immunity from liability for misappropriation of trade secrets in certain circumstances, namely if the disclosure: (A) is made– (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of […]

AIPLA Trade Secrets Summit in San Diego, March 1-2

The American Intellectual Property Law Association’s annual Trade Secrets Summit is next week in San Diego. This event, which I have attended for the past three years, is a great opportunity to learn from and network with trade secret practitioners, while racking up CLE credits. I will be moderating a panel on Corporate Best Practices, […]

Blockchain & Trade Secrets: Miami Conference 1/18-19

Tomorrow and Friday, I will be attending the North American Bitcoin Conference, which will take place two blocks from my office in downtown Miami. A number of startup and more established companies in the blockchain space will be presenting. I’ll be live tweeting the conference from @BlogTradeSecret, with a focus on trade-secrets and related legal […]

Will Two Lawyers Go to Jail for Asserting Trade Secrets in Bad Faith?

Two South Florida lawyers are facing possible jail time, in part because of allegedly asserting in bad faith that documents contained trade secrets. They supposedly wanted to prevent disclosure of documents that proved their witness testified inaccurately. In a case pending in Miami-Dade County Circuit Court, Green Tree Servicing v. Sibon, the judge decided yesterday […]

Florida Supreme Court Issues Landmark Noncompete Opinion

It’s been a difficult week in Florida, as the state recovers from Hurricane Irma. But the storm did not deter the Florida Supreme Court from issuing what could be one of the most important opinions in the state’s history regarding Section 542.335, Florida Statutes, the statute governing restrictive covenants. I’m still dealing with hurricane-related issues […]

Bitcoin, Blockchain & Trade Secrets: An Introduction

I’m willing to bet that most readers of this blog have heard of Bitcoin. But I’m not sure how many know about the technology it’s based on, called blockchain. If you haven’t heard of blockchain, now’s the time to learn, since it has the potential to be the most transformative technology since the internet. I’m […]

Florida Companies: Are Your Non-Competes Missing This Critical Provision?

Under Florida’s restrictive-covenant statute, Section 542.335(f), a restrictive covenant is only enforceable by a successor entity or third-party beneficiary if the agreement so provides. This provision can become very important following corporate merger or sale transactions. Or in the due-diligence period leading up to those transactions. In a recent Florida case, Collier HMA Physician Mgmt, […]

One Simple Step in Outlook to Protect Your Trade Secrets

If you and your employees use Outlook, you can take one simple step now to dramatically reduce the risk of inadvertent sharing of confidential information: Disable email-address auto fill. Everyone loves this feature. You type the first few letters of someone’s name, and Outlook fills in an email address. But the increased efficiency comes at […]

ABA Ethics Opinion: Trade-Secrets Lawyers Need to Encrypt Emails

By definition, lawyers working on trade-secrets issues, whether in litigation or otherwise, have access to their clients’ most confidential information. And, of course, these lawyers routinely communicate with clients via email, including about the trade secrets. Sometimes, even the trade secrets themselves are exchanged via email. This raises ethical issues. Recently, the ABA Committee on […]

Damages for Misappropriation of Trade Secrets Found Non-Dischargeable In Bankruptcy

Guest post by Solomon B. Genet As Eric’s law partner, from time to time I “guest post” on trade secret issues in the insolvency / bankruptcy context.  One important issue involves the dischargeability of pre-bankruptcy misappropriation claims. The March 31, 2017 In re Mandel decision out of the Eastern District of Texas addresses this issue.  There, […]