Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.
Continue Reading Seyfarth Attorneys Author Article on Texas Trade Secret Lawsuit
Upcoming Webinar! 2021 Trade Secrets & Non-Competes Year in Review
What You Need to Know about the Recent Cases and Developments in Trade Secrets, Restrictive Covenants, and Computer Fraud
Thursday, January 27, 2022
2:00 p.m. to 3:00 p.m. Eastern
1:00 p.m. to 2:00 p.m. Central
12:00 p.m. to 1:00 p.m. Mountain
11:00 a.m. to 12:00 p.m. Pacific
In the first installment of the 2022 Trade Secrets Webinar Series,
Continue Reading Upcoming Webinar! 2021 Trade Secrets & Non-Competes Year in Review
Upcoming Webinar! Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns
Wednesday, December 8, 2021
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific
REGISTER HERE
In this fifth installment of our 2021 Trade Secrets Webinar Series, our experienced team will cover trade secret/confidentiality, non-compete and restrictive covenant issues that typically arise in M&A transactions. From
Continue Reading Upcoming Webinar! Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns
Robert Milligan to Present at The 2021 Sedona Conference on Remote Case Management of IP Proceedings
On Friday, June 11, Seyfarth partner and co-chair of the Trade Secrets, Computer Fraud & Non-Competes practice group Robert Milligan is presenting the “Remote Trials and ADR” panel at The 2021 Sedona Conference on Remote Case Management of IP Proceedings, which is being held virtually June 10 and June 11. Other panels at the conference include:
- Remote Conferences, Motions, Ex
Webinar Recap! Employee Termination & Data Repatriation in the Remote Work Environment
In Seyfarth’s second installment in its 2021 Trade Secrets Webinar Series, Seyfarth attorneys Richard Lutkus, Bob Stevens, and Matthew Simmons outlined best practices and steps companies can take to continue to protect intellectual capital, including policies, protections, security concerns, and agreements needed to protect information in a remote environment.
As a conclusion to this webinar, we compiled a summary
Continue Reading Webinar Recap! Employee Termination & Data Repatriation in the Remote Work Environment
Erik Weibust Named Co-Chair of Boston Patent Law Association’s Trade Secret Committee
Seyfarth partner Erik Weibust was recently named Co-Chair of the Trade Secret Committee for the Boston Patent Law Association (BPLA), Boston’s premier intellectual property organization for attorneys. This follows on the heels of Erik’s recent appointment as Chair of the American Intellectual Property Law Association (AIPLA) Trade Secret Committee.
The goal of the BPLA is to provide educational programs and
Continue Reading Erik Weibust Named Co-Chair of Boston Patent Law Association’s Trade Secret Committee
Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s Intellectual Property and Trade Secrets
In a decision of first impression issued last week, the United States District Court for the Western District of Tennessee held, in Gus’s Franchisor, LLC v. Terrapin Restaurant Partners, LLC, that the COVID-19 pandemic did not excuse a terminated franchisee of Gus’s World Famous Fried Chicken (“Gus’s”) from complying with a temporary restraining order (TRO) and permanent injunction prohibiting it from using Gus’s trademarks, trade secrets and proprietary business information.
Continue Reading Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s Intellectual Property and Trade Secrets
California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts Rule of Reason in Evaluating Competitive Restraints in Contracts Between Businesses
Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a third-party, the California Supreme Court unanimously held:
- to state a claim for tortious interference with an at-will contract, a plaintiff must allege that the defendant engaged in an independently wrongful act, and
- in determining the validity of a competitive restriction in a business-to-business agreement under Business and Professions Code section 16600, the rule of reason applies and such restriction is not per se void.
The Court’s decision will impact how companies contracting under California law decide to set up their contracts and whether they will agree to the at-will termination of such contracts. The decision also provides some clarity for businesses that include competitive restraints with other companies in their commercial dealings, such as exclusive dealing and collaboration agreements, licenses, leases, and franchise agreements, as such restraints are not per se void under Section 16600 but subject to a rule of reason analysis.
Continue Reading California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts Rule of Reason in Evaluating Competitive Restraints in Contracts Between Businesses
Self-Driving to Federal Prison: The Trade Secret Theft Saga of Anthony Levandowski Continues
The much-ballyhooed legal battle over trade secrets concerning self-driving automobile technology involving Uber took its latest (and perhaps final) turn last week, when engineer Anthony Levandowski was sentenced to 18 months in prison and ordered to pay over $700,000 in restitution.
Embroiled in the middle of a billion-dollar dispute between tech giants, Levandowski had previously pled guilty to the single count of trade secret theft and was already facing a $179 million judgment awarded to his former tech employer. Naturally, the length of prison sentence and the amount of restitution had been of particular interest to the business and legal communities to see what kind of message would be sent by US District Judge William Aslup. But interestingly, it was another (non-traditional) aspect of the sentence that perhaps sent the clearest and most impactful message to tech companies and their employees: the requirement that Levandowski, whom the judge described as a “good person” and a “brilliant man”, must give speeches to the public entitled “Why I Went to Federal Prison.”
Continue Reading Self-Driving to Federal Prison: The Trade Secret Theft Saga of Anthony Levandowski Continues
2020 AIPLA Trade Secret Summit Goes Virtual and Features Scott Humphrey
The American Intellectual Property Law Association’s (AIPLA) Trade Secret Committee (of which partner Erik Weibust is Vice Chair) is taking its annual Trade Secret Law Summit online this year, with a series of weekly webinars. The first of the series, on Wednesday, August 12, 2020, at 2:00 p.m. EST, features partner Scott Humphrey, who will be moderating a panel entitled
Continue Reading 2020 AIPLA Trade Secret Summit Goes Virtual and Features Scott Humphrey