On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret misappropriation disputes under the Defend Trade Secrets Act (“DTSA”).

The Second Circuit held that under the DTSA unjust enrichment damages cannot be awarded for

Continue Reading Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

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In today’s digital age, trade secrets are an essential asset for businesses to stay ahead of the competition. As businesses continue to operate remotely, protecting trade secrets has become increasingly

Continue Reading Upcoming Webinar! Managing Trade Secrets in a Remote Work Environment

Seyfarth Shaw’s Trade Secrets group has secured a notable position as one of the best in the country, according to the esteemed Legal 500 United States 2023 edition. This recognition reaffirms Seyfarth’s commitment to excellence in the field of trade secrets law. Corporate counsel feedback has played a pivotal role in determining this ranking, with Seyfarth partners Michael Wexler

Continue Reading Seyfarth Shaw’s Trade Secrets Group Earns Prestigious Ranking from Legal 500

Recently, Seyfarth Partner Jesse Coleman had the opportunity to present an American Intellectual Property Law Association (“AIPLA”) webinar titled “Working with Experts and Recent Developments in Trade Secrets Damages.” Together with Brent Bersin of FTI Consulting and Attorneys Lawrence Pockers and Jennifer Kenedy, the webinar shed light on the intricacies of trade secrets damages and provided valuable insights into the

Continue Reading Working with Experts and Recent Developments in Trade Secrets Damages: Jesse Coleman Shares Key Takeaways from AIPLA Webinar

The UK government has announced that it will bring in legislation to restrict the post-employment non-compete restraints to three months. This is a significant proposal as currently non-compete restrictions in the UK are generally capable of being enforced for a period up to 12 months (if they are “no more restrictive than is reasonably necessary to protect the employer’s legitimate

Continue Reading UK Government Moves to Limit Non-Competes

Jesse Coleman, a Partner in Seyfarth’s Commercial Litigation practice group, will present at American Intellectual Property Law Association’s “Working with Experts and Recent Developments In Trade Secrets Damages” webinar on Wednesday, May 17, 2023 at 12:30 p.m. ET.

Jesse will be presenting alongside other leading practitioners in the area, including Brent Bersin (FTI), Lawrence Pockers (Duane Morris) and Jennifer

Continue Reading Jesse Coleman to Present AIPLA Webinar

In Direct Biologics L.L.C. v. McQueen, et al., the U.S. Court of Appeals for the Fifth Circuit vacated a lower court’s dismissal of a trade secret and restrictive covenants suit, but nonetheless stressed the need for movants seeking a preliminary injunction in trade secrets cases to provide specific evidence of the irreparable harm caused by both actual and potential

Continue Reading Fifth Circuit Spares Trade Secrets Suit, But Clarifies That Specific Evidence of Irreparable Harm Must Support Request for Preliminary Injunction

This article was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog.

If there is anything movies like The Terminator have shown us, it’s that AI systems might one day become self-aware and wreak havoc. But until Skynet becomes self-aware, let’s enjoy the AI toy that is quickly becoming a part of our daily lives.  Some Samsung employees recently discovered that playing with AI models like ChatGPT may have unexpected consequences. These employees used ChatGPT for work and shared sensitive data, such as source code and meeting minutes. This incident was labeled as a “data leak” due to fears that ChatGPT would disclose the data to the public once it is trained on the data.  In response, many companies took action, such as banning or restricting access, or creating ChatGPT data disclosure policies.Continue Reading Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

We are pleased to share that our Trading Secrets blog was included as the top blog in Global Top 200 Law Blogs. The top 200 is an editorially chosen list of law blogs written by “Lawyers, Barristers & Firms” around the world by the editor and publisher of PracticeSource.com & The House of Butter Blog, Sean Hocking.

There are

Continue Reading Seyfarth’s Trading Secrets Blog Chosen as Global Top Law Blog in 2023-24

The District of Maryland recently awarded a software developer a mere $1.00 in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages.

In AirFacts, Inc. v. de Amezaga, AirFacts, a developer of accounting software for airlines, filed suit against Diego de Amezaga, its former director of product development, alleging that de Amezaga’s subsequent employment violated his employment agreement with AirFacts and that de Amezaga had misappropriated various trade secrets.Continue Reading Federal Court Awards Company Only $1.00 in Damages in Misappropriation Case against Former Employee