Five Trade Secrets Businesses Don’t Know They Have

When a business owner or executive asks what kind of law I practice, and I tell them about my trade-secrets work, I often get a response along the lines of “Interesting stuff, but we don’t have any trade secrets.” Most of the time, they are wrong. Almost all businesses have some kind of proprietary information […]

Dealing With Bankruptcy After a Trade-Secrets Judgment

What happens if you obtain a judgment for misappropriation of trade secrets, and the defendant files for bankruptcy? A recent case from the E.D. Va. bankruptcy court could offer some assistance, as it held that judgments for willful and malicious misappropriation are not dischargeable in bankruptcy. In re: Erika Brooke Harton, 2013 WL 5461832 (Bankr. […]

N.D. Ohio Discusses Damages in Trade-Secrets Lawsuits

The Northern District of Ohio recently discussed the various types of damages that can be obtained in Trade Secret Act (TSA) cases. It concluded that a plaintiff can recover for the money it spent acquiring the trade secret, but cannot recover for lost investment due to the ongoing trade-secret litigation. In Mar Oil Co. v. […]