Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. Trinity filed suit in the Middle District of Florida against Tervis and its new supplier, Southern Graphics, alleging misappropriation of trade secrets under both the Defend Trade Secrets Act (“DTSA”) and Florida trade secret statute along with breach of confidentiality and non-disclosure agreement, fraud, aiding and abetting, and civil conspiracy. Trinity seeks compensatory, exemplary and punitive damages, disgorgement of profits related to the misappropriation and attorney’s fees and costs.

In support of its claims, Trinity alleges that it “revolutionized” the creation of tumbler inserts with the development of its “Trinity Wrap.” Trinity further alleges that before it created the Trinity Wrap at Tervis’ request, Tervis was limited to the use of “crude and costly embroidery or flat one-sided images.” In creating the Trinity Wrap, Trinity purports to have developed two trade secrets: a printing method that reduces static electricity during the printing process, resulting in increased visual sharpness and a second printing method using a state of the art printer to perfectly align images printed on both sides of a transparent medium. Continue Reading Popular Insulated Cup Manufacturer in Hot Water over Alleged Trade Secret Misappropriation

The 2017 Year in Review is a compilation of our significant blog posts from throughout last year and is categorized by specific topics such as: Trade Secrets, Computer Fraud and Abuse Act, Non-Compete & Restrictive Covenants, Legislation, International, and Social Media and Privacy. As demonstrated by our specific blog entries, including our Top Developments/HeadlinesTrade Secrets Webinar Series – Year in Review and our dedicated page concerning DTSA legislation, our blog authors stay on top of the latest developments in this area of law and provide timely and entertaining posts on significant new cases, legal developments, and legislation.

The 2017 Review also includes links to the recordings of all webinars in the 2017 Trade Secrets Webinar Series. More information on our upcoming 2018 webinars is available in the program listing contained in this Review. Our highly successful blog and webinar series further demonstrate that Seyfarth Shaw’s national Trade Secret, Computer Fraud & Non-Competes Practice Group is one of the country’s preeminent groups dedicated to trade secrets, restrictive covenants, computer fraud, and unfair competition matters.

Clients and friends of the firm can request a digital, CD, or printed copy of the 2017 Review below.

Seyfarth Shaw LLP is pleased to be a Global Sponsor at ITechLaw’s 2018 Asia-Pacific Conference in Hong Kong March 7–9.

Mandarin Oriental Hong Kong
5 Connaught Road Central
Central, Hong Kong

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 Asia-Pacific Conference will feature a wide-ranging program and invaluable networking opportunities that will focus on cutting-edge issues and will provide practical insight into the latest developments in technology law.

Please stop by our table during the conference to learn about our Intellectual Property, Corporate, Global Privacy & Security and Trade Secrets, Computer Fraud & Non-Competes Practice Groups. Hong Kong Partner Raymond Wong is scheduled to attend and participate at the conference.

For more information, click here.

On Tuesday, March 27, in Seyfarth’s second installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Scott Humphrey, Erik Weibust, and Marcus Mintz will focus on trade secret and client relationship considerations in the banking and financial services industry, with a particular focus on a firm’s relationship with its FINRA members.

The panel will address the following topics:

  • Practical steps financial institutions can implement to protect trade secrets and client relationships
  • What to do if your trade secrets are improperly removed or disclosed or if a former employee is violating his/her restrictive covenant agreements
  • How to prosecute a case against a former employee who is a FINRA member
  • The impact of the Protocol for Broker Recruiting on trade secrets and client relationships

The CLE webinar is one hour long and is from 1:00 p.m. to 2:00 p.m. Eastern.

For more information and to register, click the button below.


As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Jeremy Morton, Partner at Harbottle & Lewis LLP, London, UK.

The UK government has finally launched a consultation on its proposed “Trade Secrets (Enforcement, etc) Regulations 2018,” in advance of the June 9, 2018, deadline to implement the EU Trade Secrets Directive of 2016. Responses to the consultation are due by March 16. Continue Reading UK Reveals Its Future Approach to Trade Secrets

Friends of our blog recently published a first-of-its-kind survey about how in-house counsel view various issues in trade secret law. Approximately 80 in-house counsel completed the 20-question survey, and the results were interesting. More than 75% of respondents said the risks to their company’s trade secrets have increased over the past 10 years, with 50% saying the risks have increased significantly. For another example, respondents described their company’s current and former employees as those most likely to try to steal that company’s trade secrets.

The survey methodology and its complete results were published in Law360. Here is the link. The primary authors were David Almeling and Darin Snyder.

Our blog posted a story on the survey in June 2017. We thank any of our readers who completed the survey and thereby contributed to the results.

To develop consensus and non-partisan principles for best practices in managing trade secret litigation and well-vetted recommendations for consideration in protecting trade secrets, recognizing that every organization, both large and small, has and uses trade secrets; that trade secret disputes frequently intersect with other important public policies such as employee mobility and international trade; and that trade secret disputes are litigated in both state and federal courts.

Robert Milligan, Seyfarth Partner and Co-Chair of the Trade Secrets, Computer Fraud, and Non-Competes Practice Group, is an inaugural member of the WG12 Steering Committee, which consists of experts in the trade secret issues. Continue Reading Robert Milligan on the Inaugural Steering Committee of the Sedona Conference’s New Working Group 12 on Trade Secrets

Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law.

1. Notable Defend Trade Secrets Act Developments

Just two years after its enactment, the Defend Trade Secrets Act (“DTSA”) continues to be one of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for trade secret theft, protections for whistleblowers, and new remedies (e.g., ex parte seizure of property), that were not previously available under state trade secret laws. Continue Reading Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2017/2018

On March 1–2, 2018, five Seyfarth attorneys will be attending the American Intellectual Property Law Association’s annual Trade Secret Law Summit in San Diego, California, one of the preeminent events for trade secret practitioners in the nation. Erik Weibust is on the planning committee for the Summit and will be moderating a panel entitled “The Ethics of Law Firm Cybersecurity,” featuring Seyfarth’s own John Tomaszewski; National Litigation Department chair Kate Perrelli will be participating in a facilitated discussion regarding various problems all trade secret and noncompete practitioners face; and Seyfarth attorneys Dawn Mertineit and Eric Barton will be in attendance as well.  Other topics will include:

  • The Trade Secret Landscape
  • Trade Secrets and Noncompetes, with a focus on the California conundrum
  • Professors Panel
  • The DTSA—Was it worth it?
  • The FBI—What is the threat?
  • The International Dimension and Extraterritoriality
  • Corporate Best Practices
  • Judges Panel
  • A case study of Waymo v. Uber

Please join us at the Trade Secret Law Summit!  Register here.

On December 6-8, the inaugural Sedona Conference on trade secrets took place in Scottsdale, Arizona. The invitation-only conference brought together outside counsel, in-house counsel, and experts to have an in-depth discussion of developments in trade secrets law.

The conference provided us with some great insights into the issues on practitioners’ and companies’ minds. After a post-conference debrief, a few common notes emerged, and we have prepared a short summary of what we consider to be a few key takeaways.  Continue Reading Report on Sedona Conference on Trade Secrets