College Football Trade-Secrets Scandal

A scandal involving Wake Forest University’s football team offers lessons for companies protecting their trade secrets. And a phenomenal name. The Wake Forest coaches gave one of their radio broadcasters, Tommy Elrod, full access to the football team’s game plans. And Elrod has been leaking those game plans to Wake’s opponents — for years. Thus: “WakeyLeaks.” Since […]

Donald Trump: Unprecedented Threat to U.S. Companies’ Trade Secrets?

Last week, I wrote about how state-sponsored cyber attacks could increase dramatically under President Trump. As a result, U.S. businesses, and our overall economy, are facing substantial risks that very few are talking about. Now is the time to take action. Below are five steps you should consider now to protect your trade secrets. Since […]

Florida Appellate Court Limits Damages for Wrongful Injunction in Non-Compete Case

Under Florida law, an injunction cannot issue unless the movant first posts a bond. See Fla. R. Civ. P. 1.610(b). This week, in Vital Pharmaceuticals Inc. v. Professional Supplements, LLC, et al., Florida’s Fourth District Court of Appeal addressed a situation where the trial court did not require the movant to post a bond when it enjoined the defendants from […]

Trade Secrets Under Donald Trump: Prepare for Cyber War?

Once Donald Trump takes office, dramatic policy changes will reverberate throughout our economy. Trade secrets are no different. While the Trump administration’s policy objectives remain largely unknown in this area, it’s worth considering how companies should prepare to protect their trade secrets during the Trump presidency. To start, I expect President-Elect Trump to, at a minimum, […]

Eleventh Circuit: When It Comes to Injunctions, It’s Now or Never

Guest post by Solomon B. Genet Recently, on October 28, the 11th Circuit Court of Appeals in Wreal, LLC v. Amazon.com, Inc. affirmed the time-honored principle of “you snooze, you lose.”  In summary, a plaintiff believed that his trademark was being infringed upon, but waited 5 months after filing suit to seek a preliminary injunction. The […]

President Obama: Most Workers Should Not Sign Non-Compete Agreements

Yesterday, the White House issued a State Call to Action on Non-Compete Agreements. This follows the President’s April 15, 2016 Executive Order that addressed steps to protect workers and increase competition.  The President’s position is clear: “Most workers should not be covered by a non-compete agreement.” Instead, non-competes should be “the exception rather than the rule.” […]

Almost 6 Months In, What Have We Learned About the Defend Trade Secrets Act?

Now that almost six months have passed since President Obama signed the Defend Trade Secrets Act (DTSA) into law, let’s take a look at what we’ve learned about the statute thus far. The fuss about ex parte seizures was overblown. Prior to the statute’s enactment, opponents were concerned about misuse of the DTSA’s ex parte seizure remedy. […]

S.D.N.Y. Applies Defend Trade Secrets Act to Conduct Predating the Statute

The Defend Trade Secrets Act (DTSA), signed into law by President Obama on May 11, 2016, applies “to any misappropriation of a trade secret . . . for which any act occurs on or after the date of the enactment of this Act.” 18 U.S.C. 1836(e). On its face, this would seem to preclude actions based […]

Protecting Trade Secrets Following an M&A Transaction

Many M&A transactions are motivated by a desire to acquire another company’s trade secrets. But the unique nature of trade secrets, as compared to other types of intellectual property, creates risks for the acquiring company. For example, a company doesn’t know if its proprietary information is a trade secret until a judge says so, usually […]

5 Warning Signs That Your Trade Secrets Have Been Stolen

Many companies that suffer trade-secret theft have no idea for months, if not longer. In the meantime, these companies often suffer substantial damage. Effective trade-secrets protection thus requires more than just proactive measures, such as restrictive covenants. Active monitoring is necessary to determine whether former employees, business partners, etc. are engaged in misappropriation. Obviously, someone who is illegally using your trade secrets will […]