Los Angeles partner Robert Milligan and counsel Darren Dummit will present an online CLE webinar for Strafford on October 15, 2020 at 10 a.m. pacific for business counsel to provide guidance regarding legal concerns in negotiating termination and suspension provisions contained in commercial contracts drafted in a pre-pandemic world, as well as the considerations for

On Thursday, August 20 at 3-5 p.m. Eastern, Robert Milligan is presenting “How to Manage and resolve Complex Commercial Disputes: A Practice Guide” for The Knowledge Group. Speakers on the panel will discuss the use of process maps in identifying breakdowns, current settlement dynamics, and economic loss quantification.

Robert is presenting Segment 3 of the

The 2020 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country. Nationally, for the fifth consecutive year, our Trade Secrets practice earned Top Tier.

Based on feedback from corporate counsel, Seyfarth partner Michael Wexler was ranked in the editorial’s “Leading Lawyers,” and Robert

The American Intellectual Property Law Association’s Trade Secret Summit will be held virtually this year. The Summit will consist of two 45-minute presentations every Wednesday beginning on August 12 and ending on September 2. Erik Weibust is Vice Chair of the AIPLA’s Trade Secret Committee, which hosts the Summit each year, and Scott Humphrey will

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Rachel Bailey, a Legal Data Expert for Lex Machina. 

You may have previously read Seyfarth Shaw’s excellent analysis of Lex Machina’s Trade Secret Litigation Report. There are some big picture trends in the report that reflect the trade secret litigation landscape in the federal district courts. A common misconception is that Lex Machina is a reports company. While we do create reports using our data, ultimately we are a platform that updates daily with analytics that allow users to make data-driven decisions for litigation strategy, business development, risk assessment, and other uses.
Continue Reading A Deeper Dive into Trade Secret Legal Analytics

Seyfarth partners Erik Weibust, Jeremy Cohen, Scott Humphrey, and Marcus Mintz recently published an article entitled “Protecting Trade Secrets Without Breaking the Bank (or Even Negatively Affecting Profits)” in the Intellectual Property & Technology Law Journal. The article addresses the use of litigation funding in trade secret cases.

The Intellectual Property & Technology Law

A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former employee’s anti-SLAPP motion in a trade secret misappropriation and breach of contract case. This is the second time the case has made its way up to the Ninth Circuit. We previously reported on this case in March 2017. The panel has not yet issued its decision but the Ninth Circuit’s decision could have far reaching implications for trade secret and data theft cases involving purported whistleblowing activities.
Continue Reading Hold My Beer: Ninth Circuit Hears Oral Argument in Trade Secret/Anti-SLAPP Row for a Second Time

shutterstock_330853187It is well known that 18 U.S.C. § 1836, et seq. (the Defend Trade Secrets Act or “DTSA”) finally provides a mechanism for pursing trade secret claims in federal court. A recent decision, however, serves as an excellent reminder that failure to establish personal jurisdiction over a defendant will nevertheless result in dismissal of your DTSA claim—and potentially your entire case. So, before you rush off and file that DTSA claim in your local federal court, carefully consider if it’s really the right court after all.

In Gold Medal Products Co. v. Bell Flavors and Fragrances, Inc., 1:16-CV-00365, 2017 WL 1365798 (S.D. Ohio Apr. 14, 2017), the plaintiff filed suit in the U.S.D.C. for Southern District of Ohio against its former employee, William Sunderhaus, and his new employer, Bell Flavors, alleging misappropriation of trade secrets and confidential information. As part of its lawsuit, Plaintiff asserted a DTSA claim, which Defendants moved to dismiss for lack of personal jurisdiction.
Continue Reading Don’t Forget to Establish Personal Jurisdiction in Defend Trade Secrets Act Cases

shutterstock_287601008A California federal district court has recently given employers a small victory against former employees who misappropriate trade secrets and assert whistleblower immunity or the litigation privilege as after-the-fact defenses. The federal district court for the Eastern District of California recently rejected, for a second time, a defendant’s anti-SLAPP motion to strike a trade

shutterstock_394290406As a thank you to our valued readers, we are pleased to announce the webinar “Enforcing Non-Compete Provisions in Franchise Agreements” is now available as a podcast and webinar recording.

In Seyfarth’s seventh installment in its series of Trade Secrets Webinars,  Seyfarth attorneys John Skelton, James Yu and Dawn Mertineit focused on the importance