Alley-Oops: The Orlando Magic Tweeted a Picture Showing Team Trade Secrets

Sometimes companies forget about even the most obvious protections for their trade secrets. For example, “don’t tweet out a picture of your secret business strategies.” The Orlando Magic recently did just that. Earlier this month, a player’s agent tweeted a picture of the player signing a new contract with the Magic. But the picture also showed […]

The Cybersecurity Article that Every Executive Should Read Immediately

I love this article, titled Why America’s Current Approach to Cybersecurity Is So Dangerous. It should be required reading for all executives at companies at risk of a cyber attack — in other words, all companies. While the whole article is great, its core message can be reduced to a single sentence: People, not technology, […]

Florida’s Restrictive Covenant Statute: The Power of Presumption

Florida has one of the most employer-friendly restrictive-covenant statutes in the country, Section 542.335, Fla. Stat. For example, the statute prohibits judges from considering any hardship suffered by the person against whom enforcement is sought. The statute also contains a rebuttable presumption that a violation of an enforceable restrictive covenant creates irreparable injury. Yesterday, Florida’s […]

Another Federal Court: No Heightened Pleading Standard in Defend Trade Secret Act Cases

Previously, I wrote about a decision from the District of New Jersey that declined to apply a heightened pleading standard to Defend Trade Secret Act claims. Now, another federal court has reached the same conclusion. A copy of the opinion can be downloaded below. In Aggreko, LLC v. Barreto, pending in the District of North Dakota, the […]

Federal Court Denies Expedited Discovery In Defend Trade Secret Act Case

Trade-secret-misappropriation cases can move fast. Often, the plaintiff files a motion for temporary restraining order alongside its complaint. Sometimes, the plaintiff has enough evidence already to justify a TRO. Other times, the plaintiff needs to take discovery before the TRO hearing. But the typical discovery deadlines in the rules of civil procedure are not well suited […]

Trump and Trade Secrets: Signs of Encourgagement?

I’ve written several times about how Donald Trump’s rhetoric suggesting radical foreign-policy changes could threaten US companies’ trade secrets. See here and here. In particular, I’ve been concerned about Trump’s aggressive stance towards China, including statements about upending the “One China” policy. Now that we’re several weeks into Trump’s presidency, we are seeing signs that his foreign […]

Federal Court: No Heightened Pleading Standard Under the Defend Trade Secrets Act

As more plaintiffs bring claims under the shiny new Defend Trade Secrets Act, we continue to learn about how courts are interpreting this statute. On Tuesday, the District of New Jersey answered an open question: whether the statute, in conjunction with Twombly/Iqbal, requires a heightened pleading standard for misappropriation. In Chubb INA Holdings, Inc. v. […]

A Fishy Dilemma: When to Seek an Ex Parte Injunction When You Suspect Trade Secret Theft

I’ve said it before: When it comes to protecting trade secrets, time is of the essence. A recent case out of the Middle District of Florida, Primo Broodstock, Inc. v. American Manufacture, Inc., shows what happens when a company that suspects trade-secrets theft sleeps on its rights. But this case has an interesting twist: The […]

AIPLA Trade Secrets Summit – March 2-3 in Atlanta

The American Intellectual Property Law association will be holding its annual Trade Secrets Summit at Emory University in Atlanta, GA, on March 2-3. You can find more information about the summit here. I highly recommend this conference for anyone who reads this blog. It is an outstanding opportunity to learn about the latest developments in […]