Protecting Trade Secrets in the Restaurant Industry

It seems like more and more restaurants are built around “celebrity” chefs. Not just household names like Emeril Lagasse or Wolfgang Puck, but other lesser known, yet acclaimed chefs who through marketing efforts become as visible as the restaurants themselves. Chefs’ increased name recognition can drive traffic, but  this comes with a risk: When such […]

S.C. Supreme Court Addresses Trade Secrets in Discovery

A previous post talked about how trade-secrets issues can come up in lawsuits having nothing to do with trade-secrets claims. Recently, the South Carolina Supreme Court examined when a party is entitled to discovery of its opponent’s trade secrets. In Meadwestvaco Corp. v. Rayonier Performance Fibers, LLC, 2013 WL 3761622 (S.C. July 15, 2013), the plaintiff and defendant […]

S.D.N.Y.: Marketing Concepts Are Not Trade Secrets

Recently, the Southern District of New York addressed whether marketing concepts can be trade secrets in Sarkissian Mason, Inc. v. Enterprise Holdings, Inc., 2013 WL 3585313 (S.D.N.Y. July 15, 2013). Here, the plaintiff sued Enterprise (the rental car company) for breaching a nondisclosure agreement and misappropriating trade secrets. It alleged that it brought a proprietary […]

Are WWE Wrestling Results Trade Secrets?

Just about everyone reading this blog knows that pro-wrestling matches are scripted. And I’m sure many wrestling viewers know as well. But that hasn’t stopped WWE—the largest pro-wrestling company—from being hugely successful. Having scripted results, however, is very different from allowing the public to know who is going to win. According to this Deadspin post, […]

Email Signature Disclaimers Are Useless

In my last post, I discussed one of the most effective tools to protect trade secrets: confidentiality/nondisclosure agreements. Today, I’d like to talk about one of the least effective: email signature disclaimers. We’ve all seen them, and most of us use them. Boilerplate-type language at the bottom of emails warning that “This email may contain […]

Is A Confidentiality Agreement A Prerequisite to a Trade Secrets Act Claim?

Last week, I published a post that asked whether confidential information that is not a trade secret can be misappropriated. In response, several people commented on LinkedIn and on the blog that if a plaintiff did not have its employees sign a confidentiality agreement, the company would not succeed on a Uniform Trade Secrets Act […]

Can Confidential Info That’s Not a Trade Secret Be Misappropriated?

In a previous post, I discussed the Uniform Trade Secret Act’s (UTSA) preemption provision. Essentially, the UTSA and the parties’ contracts are the only mechanisms for remedying trade-secret misappropriation, as all other claims are preempted. A recent District of Arizona case—Food Services of America, Inc. v. Carrington, 2013 WL 3199691 (D. Ariz. June 24, 2013)—discussed […]