JD Supra Law

JANUARY 19, 2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection of trade secrets by contract, including non-competes and confidentiality provisions, is under attack around the country.

Confidentiality 52

Confidentiality Contracts Litigation Business 52

The IPKat

AUGUST 17, 2023

Indeed most IP litigators practicing in the UK have never had the pleasure of navigating what is now the King's Bench Division (KBD), spending most of their life in the comparatively modern Chancery Division. There was no written contract of employment. 1872) The cat - Felis domesticus., after a sell/transfer of shares).

Confidentiality 52

Confidentiality Contracts Business Litigation 52

IPilogue

MARCH 8, 2023

Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason. This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach.

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Privacy Confidentiality Litigation Reporting 106

LexBlog IP

FEBRUARY 8, 2024

In light of this change, businesses should understand how the laws impact their employment practices and implement strategies to ensure they comply. Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information.

Law 52

Law Contracts Confidentiality Business 52

Trading Secrets

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Section 16600 of the Business and Professions Code is amended to read: 16600. (a) Arthur Andersen LLP (2008) 44 Cal.4th

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Law Contracts Business Confidentiality 59

Trading Secrets

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

LexBlog IP

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Section 16600 of the Business and Professions Code is amended to read: 16600. (a) Arthur Andersen LLP (2008) 44 Cal.4th

Law 52

Law Contracts Business Confidentiality 52

Patently-O

APRIL 25, 2023

NDAs can prevent disclosure of contractually-defined “confidential” information that is shared in the course of a confidential relationship, even if it is not technically a trade secret. NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are.

Confidentiality 51

Confidentiality Contracts Intellectual Property Law Journalism 51

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. An analysis of the pros and cons of each set of rules should be part of any relevant litigation strategy.

Contracts 75

Contracts Confidentiality Litigation Business 75

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

Trading Secrets

JULY 27, 2022

After being terminated by defendant Vanity Lab, the plaintiff and aesthetician Tori Macaroco established her own business providing aesthetician services. The letter further advised Macaroco that Vanity Lab would take legal action to enforce its rights in the event of a breach of her contract.

Cease and Desist 59

Cease and Desist Confidentiality Contracts Business 59

LexBlog IP

AUGUST 11, 2021

For most (if not all) professional services firms, client databases, client contact lists, and information reflecting client preferences are regarded by such firms as trade secrets that are essential to the business. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6. ” Id.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

43(B)log

DECEMBER 12, 2022

Windstream has a 2-year contract. With Spectrum there are no contracts. Plus, we will buy you out of your current contract up to $500.” interference with the Windstream entities’ contracts with their customers by the mailing campaign. Will they be able to provide the Internet and TV services you rely on in the future?

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False Advertising Advertising Advertising Contracts 57

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. Affirmative proof likely requires disclosing sensitive business information, research and development, or corporate strategy. After all, both parties likely want their sensitive documents protected from disclosure.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

LexBlog IP

MAY 22, 2023

Understanding Forced Arbitration Forced arbitration, also known as mandatory or binding arbitration, is a legal process typically included in contracts. Bias Towards Businesses Arbitration can be biased towards the organization that drafted the contract, usually a business. The Risks of Forced Arbitration 1.

Contracts 40

Contracts Business Confidentiality Litigation 40

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets and expose themselves to the risk of trade secret misappropriation litigation. Such unauthorized use of another company’s intellectual property assets can expose a company to trade secret misappropriation litigation.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

Trading Secrets

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape.

Confidentiality 69

Confidentiality Law Contracts Business 69

Indiana Intellectual Property Law

JUNE 28, 2022

. § 1030 and committed Breach of Contract. She conducted two-to-three annual sales training sessions for all of Peoplink business entities and functioned informally as a sales leader for Peoplelink’s entire footprint. Boutell was one of two Certified Sales Trainers. Accessing any other Peoplelink computers or networks.

Confidentiality 40

Confidentiality Contracts Business Litigation 40

Trading Secrets

JUNE 24, 2021

The webinar also covered how these latest developments impact counseling, litigation, and deals involving companies with employees based in Texas. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business. Code Section 15.50(a).

Contracts 52

Contracts Confidentiality Litigation Business 52

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

Copyright Infringement 64

Copyright Infringement Copyright Confidentiality Copying 64

LexBlog IP

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

LexBlog IP

OCTOBER 18, 2023

27, 2023), involving a dispute between two businesses located in the same art gallery, serves as a reminder to New York art market participants to take care to avoid attorney conflicts of interest. A September 27, 2023 decision by a Manhattan trial court, Aicon Art LLC v. Aicon Contemporary LLC , No. 650580/2023, 2023 N.Y. 33340(U) (N.Y.

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Art Confidentiality Law Artwork 40

Traverse Legal Blog

MARCH 8, 2022

Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). They require both chain of tile and a contract setting forth the seller and buyers’ essential contract terms. NFTs are no different.

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LexBlog IP

DECEMBER 6, 2022

It is a common mistake to think that the whole scope of a company’s activity, or that all of the information used, held or produced by a Company in the course of business is protected as a trade secret. However, protection under trade secret regulation does not apply to a whole universality of undetermined information.

Patent 52

Patent Confidentiality Invention Government 52

LexBlog IP

FEBRUARY 2, 2023

It would also require that employers take affirmative steps to rescind existing non-compete clauses and explicitly inform workers that the contracts are no longer effective. Litigation challenging the enforceability of the rule is almost sure to ensue, and the U.S.

Blogging 52

Blogging Confidentiality Business Editing 52

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. Here is where the situation gets sticky, pointedly for businesses desiring to leverage meme culture commercially.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Indiana Intellectual Property Law

JULY 12, 2021

TV Company d/b/a Watch Communications (“Watch”), the Plaintiff, is in the business of providing broadband Internet access to consumers and enterprise customers in Ohio, Indiana, Illinois, and Kentucky. Per the Complaint, Jarman, Criblez, and Kolb all signed confidentiality agreements in connection with their Watch employment.

Cease and Desist 52

Cease and Desist Confidentiality Business Designs 52

Trading Secrets

JUNE 3, 2022

Those allegations along with allegations that defendant copied the plaintiff’s business operations down to using the same tool set to create its packaging was sufficient to allege misappropriation under the DTSA. 2021), the court denied a motion to seal to protect alleged confidential information about the identity of a manufacturer.

Law 59

Law Confidentiality Designs Design 59

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). ruling on Indian businesses and trademark holders?

Trademark 59

Trademark Publishing Journalism Copyright 59

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions.

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Litigation Patent Marketing Marketing 98

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S.

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Litigation Reporting Settlement Government 124

Trading Secrets

JANUARY 19, 2022

Foro”) is in the business of commercializing the application of high-powered lasers for the oil, natural gas, geothermal and mining industries. the Defend Trade Secrets Act (“DTSA”), and a breach of contract claim as to the mutual Nondisclosure and Restricted Use Agreement (the “NDA”) executed by the parties in July 2014. Background.

Patent 52

Patent Designs Design Confidentiality 52

The IPKat

AUGUST 29, 2021

Notification of individuals is necessary unless it interferes with the performance of their statutory obligations or when there is a specific statutory rule requiring confidentiality. 3) sign a standard contract formulated by the national cyberspace authority with the recipient abroad. million) or 5 % of annual revenue.

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The IPKat

SEPTEMBER 4, 2023

The EUIPO published The Baseline of Trade Secrets Litigation in the EU Member States in 2018. On 28 June 2023, the EUPIO published the follow-up report , Trade Secret Litigation Trends In The EU , focusing on trends in trade secrets litigation since the implementation of the Directive.

Reporting 67

Reporting Litigation Contracts Publishing 67

LexBlog IP

AUGUST 17, 2021

Another example of businesses that have many trade secrets is legacy manufacturers which need to protect how products are made, what products are made out of, etc. ” But all businesses – even the most “simple” – have trade secrets. .” – with many businesses having much more.

Business 52

Business Confidentiality Contracts Branding 52