The Protecting Trade Secrets blog is on hiatus . . . but just for one week. I’ll be back next week with new posts.
As you may have noticed, I live in Miami. And I’m a huge Miami Heat fan (and have been since long before LeBron James came to town). So my mind is squarely on tonight’s game 7. But the news coming out of the NBA isn’t all about the Heat and the Spurs. There’s also been […]
The classic example of a trade secret is the Coca-Cola formula, which has been the subject of urban myths for decades. A more modern version of this story is playing out in Oregon, where the Oregon Department of Justice wants to know the exact formula for the popular 5-Hour Energy drinks. If you watch any […]
In Advanced Micro Devices, Inc. v. Feldstein, currently pending in the District of Massachusetts, AMD brought claims against former employees who copied large volumes of confidential files before leaving to work for a competitor. The court previously entered an injunction against the defendants. For a good discussion of the case background and the injunction order, […]
In many commercial cases, damages models begin and end with a loss-profits analysis. But in trade-secrets cases, a plaintiff can go one step further. Under the Uniform Trade Secrets Act, “Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing […]
Business relationships are certainly valuable. But can they be trade secrets? In Cablecom Tax Services, Inc. v. Shenandoah Telecommunications Co., 2013 WL 2382969 (W.D. Va. May 30, 2013), the court said no. Here, the plaintiff offered services designed to reduce its clients’ ad valorem and sales tax liability. The defendants, cable companies, contracted with the plaintiff for this […]
Even when trade secrets are not at issue in a litigation, companies and their lawyers need to be vigilant about protecting their proprietary information. When litigating with a competitor—or, under certain circumstances, a customer—this becomes even more important. One of the most effective tools for protecting trade secrets in litigation is a protective order governing […]