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 […]

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 […]