When negotiations for acquisition and licensing fell through between Swarmify and Cloudflare in 2017, Swarmify brought several claims against Cloudflare, including state and federal claims for misappropriation of trade secrets.

Swarmify, a startup developing video streaming technology, first entered into negotiations with Internet content-delivery giant Cloudflare in 2016. After a second round of acquisition talks in June of 2017 failed to produce an agreement, Swarmify returned to the development of its technology. Three months later, Cloudflare posted two blog articles on its website detailing the introduction of its new video streaming solution to the market. These two blog posts are the main basis for Swarmify’s claims against Cloudflare. Continue Reading California Federal Court Awards Fees From Trade Secret Plaintiff For Continuing To Litigate After Misappropriation Claim Was Rendered “Objectively Specious”

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.

Introduction

An IP Holding Company exists to hold intellectual property on behalf of one or more other companies but does not necessarily manufacture products or supply services based upon the IP held. Continue Reading IP Holding Companies: Trade Secrets & Trade Secret Asset Management

D. Joshua Salinas was recently named 2018-2019 Vice Chair of the Trade Secrets and Interferences with Contracts Committee for the American Bar Association Section of Intellectual Property Law (ABA-IPL). The ABA-IPL was formed to advance the development of intellectual property laws, and their fair and just administration. The Section serves as the ABA voice—within the profession, before policymakers and with the public. Joshua will help lead this forum for rich perspectives and balanced insight on the full spectrum of intellectual property law.

The ABA is one of the world’s largest voluntary professional organizations, with nearly 400,000 members and more than 3,500 entities.  It is committed to serving their members, improving the legal profession, eliminating bias and enhancing diversity, and advancing the rule of law throughout the United States and around the world. View the ABA-IPL website here for more details.

On Thursday, October 4, 2018, at 8:30-9:30 a.m. Pacific Time, Seyfarth Shaw attorney D. Joshua Salinas will be presenting on “The Use of the Blockchain Model to Develop and Protect Trade Secrets.” The presentation is part of the 2018 ABA IP West Conference, which runs from October 3-4, 2018, at the Renaissance Newport Beach Hotel in Newport Beach, California.

The presentation will focus on the following topics:

  • An introduction to blockchain technology
  • The promises and advantages of using blockchain technology to protect trade secrets
  • The limitations and inherent risks in using blockchain technology to protect trade secrets
  • Takeaways from the recent Cryptokitties case

For more information or to register for the 2018 ABA IP West Conference, click here.

Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Compete Practice Group Co-Chair Robert Milligan is on the panel for the “Hot Topics in Trade Secret Litigation: the DTSA, Remedies, Anti-SLAPP, and Constitutional issues” session on November 8, at the California Lawyers Association Intellectual Property Institute in San Jose, California.

The “Hot Topics in Trade Secret Litigation” session will cover some of the most intriguing (and vexing) topics in trade secret litigation and will provide attendees valuable insights from the trenches. The panel will address a broad range of issues, including:

  • The Defend Trade Secrets Act (DTSA)
  • Trade secret misappropriation as the predicate act of a RICO claim
  • Damages and entitlement of alternative monetary relief
  • Anti-SLAPP issues
  • Constitutional issues, such as the First Amendment, the Fifth Amendment, and the Seventh Amendment

For more information or to register for the IP Institute, click here: https://calawyers.org/Sections/Intellectual-Property-Law/Education/IP-Institute

Massachusetts Federal Court Enjoins Seafood Supplier Executive from Working for Competitor After Downloading Trade Secrets

A Massachusetts Federal Court recently enjoined the former Director of Research and Development and Quality Assurance of National Fish & Seafood, Inc. (“National Fish”) from working for a competing seafood supplier based in Florida after it determined that she had downloaded thousands of documents from National Fish’s computer systems during her final days with the company.  Kathleen Scanlon had worked for the Gloucester, Massachusetts-based seafood supplier for twenty-three years when she was approached by the CEO of Tampa Bay Fisheries, Inc. (“Tampa Bay Fisheries”) to see if she was interested in taking a position as director of food safety for the company. Continue Reading There’s Something Fishy Going on Here: MA Federal Court Enjoins Seafood Supplier Executive

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.

Managing trade secrets belonging to Third Parties:

At first glance, you may be somewhat perplexed by the title. When and why should a company be concerned about managing trade secrets belonging to some 3rd party? It is tough enough for most companies to properly and professionally manage their own trade secrets, not to mind worrying about the trade secrets belonging to others. However, more and more, companies are indeed facing the challenge of having to manage trade secrets belonging to others. Allow me to explain. Continue Reading The Sharing of Trade Secrets with Others

Seyfarth Shaw LLP is pleased to be a Global Sponsor at ITechLaw’s 2018 European Conference in Milan, October 17–19.

Excelsior Hotel Gallia
Piazza Duca D’aosta 9
Milan, 20124 Italy

ITechLaw is a not-for-profit organization established to inform and educate lawyers about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications technology.

The European Conference will feature wide-ranging programs and invaluable networking opportunities that will focus on cutting-edge legal topics and will provide practical insight into the latest developments in technology law.

This year, Seyfarth Shaw Partner Robert B. Milligan is on ITechLaw’s Board of Directors and is the Co-Chair of the Local Representative Committee. Seyfarth Shaw Partner Julia Sutherland is on the panel for the “Fashion: New Models, Old Problems?” session on Thursday, October 16. This session will focus on the use of new and innovative technology that is transforming the fashion industry, in terms of blockchain, products traceability, and AdTech.

For more information, click here: https://www.itechlaw.org/conferences/2018-european-conference

On Friday, May 18, Eric Barton participated in a panel discussion at the 2018 ITechLaw World Technology Conference, updating attorneys from around the globe on the latest developments in cyber vulnerabilities and crime. In today’s world, businesses and individuals face the certain knowledge that electronic systems are not entirely secure. Mr. Barton’s presentation provided “real world” guidance on how companies can encourage and promote innovation while still protecting their highly valuable trade secrets and intellectual property from both internal and external threats and attacks. Mr. Barton also detailed several recent cases that provide excellent guidance on how to best protect a company’s valuable information, as well as the impact that technological advancements have had on U.S. attorneys’ professional ethics requirements, as mandated by the ABA.

On the panel with Mr. Barton were Alexander Baranchikov, an IP attorney from Moscow, and Rodrigo Azevedo Pereira, an IP attorney from San Paulo, Brazil. Mr. Baranchikov provided an entertaining update on the latest data protection cases and developments in Russia, as well as a detailed synopsis of how the Russian legal system addresses and resolves IP claims. Mr. Pereira discussed the crisis management framework that attorneys should consider using when addressing an online or ransomware attack. Calling upon his extensive experience in crisis management work, Mr. Pereira detailed how to build a multifaceted team, as well as how to respond urgently and efficiently to limit PR damages.

A copy of Mr. Barton’s presentation is available here. The panel was extremely well received and the topics prompted various discussions among the participants. For any follow-up questions or information, please do not hesitate to contact Mr. Barton directly at ebarton@seyfarth.com.

 

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.

An audit is the examination of a specific aspect of an organization, ideally by someone independent of that organization.

The purpose of an audit is to provide independent assurance that an organization’s management, governance, and processes are operating effectively and that any associated assets are being properly and professionally managed. Continue Reading Trade Secrets Audit