LexBlog IP

MAY 9, 2022

For many trade-secret litigants and their counsel, the solution lies in simply drafting and agreeing to a protective order governing the treatment of any ‘confidential’ material. Among other things, the APO authorized the sealing—in perpetuity—of any documents the parties marked confidential in discovery.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

LexBlog IP

APRIL 18, 2023

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. However, the data was shared without confidentiality obligations and might be used for future training, so it could be considered public.

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

JUNE 21, 2022

12, 2021), aff’d , No. Among other statutory requirements, the DTSA requires that the purported trade secret owner establish that it “t[ook] reasonable measures to keep such information secret.” ” 18 U.S.C. § § 1839(3)(b). ” Turret Labs USA, Inc. CargoSprint, LLC , No. 19-cv-793EKRML at 4 (E.D.N.Y.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality. July 7, 2021) No. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

LexBlog IP

OCTOBER 27, 2022

In Matthews , the plaintiff, a manufacturer, designer, installer, and servicer of cremation equipment, asserted “claims of trade secret misappropriation [under both federal and state law] and breach of contract against several of its former employees and two of the entities where they are now employed.” Lacayo , 16 F.4th

Confidentiality 52

Confidentiality Contracts Law Designs 52

LexBlog IP

NOVEMBER 4, 2021

then sued NQA for breach of contract and trade secret misappropriation. On the other hand, trade secret owners should ensure that customers are contractually bound to keep the trade secret confidential, and be prepared to give access to their source code language in the event it breaches an escrow agreement covering the same. [1]

Licensing 52

Licensing Confidentiality Contracts Registration 52

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

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Law Art Privacy Government 97

JIPEL Copyright Blog

DECEMBER 1, 2021

1648 (2021). Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. It can’t be interpreted more broadly to include other limitations by contracts or policies.

Contracts 40

Contracts Licensing Copying Confidentiality 40

43(B)log

AUGUST 17, 2021

2972, 2021 WL 3568394 (D.S.C. 12, 2021) Query whether this kind of case will come out differently as TransUnion v. California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information. In re Blackbaud, Inc.,

Privacy 57

Privacy Business Litigation Confidentiality 57

LexBlog IP

NOVEMBER 15, 2023

The Order places special focus on industries where infrastructure is provided as a service (IaaS), focusing on the susceptibility of AI-enabled IaaS to be used in malicious cyber-enabled activity, complementing the guidelines provided in prior Executive Order 13984 of January 19, 2021. ” G.

Privacy 40

Privacy Intellectual Property Government Technology 40

LexBlog IP

MARCH 27, 2023

It has limited knowledge of world and events after 2021 and may also occasionally produce harmful instructions or biased content.” Instead, OpenAI treats the matter as one of ownership via contract law. 2021-2347 (Fed. Without a confidentiality agreement in place, such disclosure would likely be considered to be public.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Trading Secrets

DECEMBER 29, 2022

This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Confidential Information and Client Relationships in the Financial Services Industry. 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Confidential Information and Client Relationships in the Financial Services Industry. 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.

Confidentiality 40

Confidentiality Business Law Contracts 40

SpicyIP

JUNE 13, 2022

Change in titles su ggests a shift in focus – from protection of privacy to regulation of data as an asset. If the State cannot manage to negotiate an assignment (the technology only being licensed), it must ensure that its confidentiality obligations are narrowed down. Will a self-certification satisfy this requirement?

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Confidentiality Technology Government Ownership 129

Copyright Lately

MARCH 6, 2023

Cameron Boyce ( Runt ) Wagging Tails claims that the threatened disclosures would violate Coakley’s confidentiality agreement. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Other allegations focused on harassment allegedly suffered by crew members on the set.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Consumer Reviews * Route App, Inc.

Social Media 73

Social Media Privacy Advertising Advertising 73

Technology & Marketing Law Blog

JULY 31, 2022

2021 CA 004450 2 (D.C. Setting up legal incentives to encourage noncompliance with investigatory demands is bad policy, but it’s still better than censorship-via-CID. Twitter has filed a petition for rehearing en banc. * Meta , Case No. Superior Ct. March 9, 2022). ” * Missouri v.

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Social Media Reporting Government Law 110

LexBlog IP

JANUARY 3, 2022

In July 2021 , President Biden signed an Executive Order directed at promoting competition in the U.S. The Act is a bi-partisan bill intended to narrow the use of non-compete agreements in employment contracts. It would void all “non-compete agreements” entered before the Act and prohibit them going forward.

Confidentiality 40

Confidentiality Intellectual Property Marketing Marketing 40