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.

On March 23, 2018, Robert Milligan, Seyfarth Shaw partner and co-chair of the Trade Secrets, Non-Competes, and Computer Fraud Law Practice Group, will be part of an expert panel at Law Seminars International in Seattle, Washington, on Trade Secrets.

Robert Milligan will speak at the “Defend Trade Secret Act (DTSA) as it Approaches its Two-Year Anniversary” program at 9:15 a.m., and he will provide an update on civil enforcement.

For more information, click here.

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

Robert B. Milligan, Partner and Co-Chair of Seyfarth’s National Trade Secret, Computer Fraud, and Non-Compete practice group, just finished co-editing and co-authoring a prominent new California trade secret treatise.

This Supplement to the Third Edition practice guide addresses the Defend Trade Secrets Act (DTSA ), which was enacted in 2016.  This Supplement includes additional practical tips and strategies related to the DTSA. This is one of the first books on the new law.

This supplement addresses:

  • A general overview of the DTSA, including its history and impact.
  • The DTSA’s scope and remedies afforded by it.
  • Analysis of recent case law discussing the DTSA’s whistleblower immunity provision and employer compliance with the DTSA’s whistleblower immunity notice provision.
  • A comparison of the DTSA to the California Uniform Trade Secrets Act (CUTSA or the CUTSA), the Economic Espionage Act (EEA), the Computer Fraud and Abuse Act (CFAA), and Section 337 of the Federal Tariff Act of 1930 (Section 337).

The treatise can be purchased by State Bar IP Section Members for $25 and by Non-Members for $30.

For more information, click here.

In Seyfarth’s first webinar in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Michael Wexler, Robert Milligan, and Joshua Salinas presented 2017 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law. The panel reviewed noteworthy cases and other legal developments from across the nation over the last year in the areas of trade secrets and data theft, non-competes and other restrictive covenants, and computer fraud. Plus, they provided their predictions for what to watch for in 2018.

As a conclusion to this well-received webinar, we compiled a summary of takeaways:

  • While the Defend Trade Secrets Act provides for an ex parte seizure order, courts have been very unwilling to provide such relief except in extraordinary circumstances.
  • In light of recent state laws and appellate court decisions at both the federal and state level in 2017, choice of venue and choice of law provisions must be carefully considered and strategically implemented.
  • The ABA’s May 4, 2017, Ethics Opinion encourages lawyers to have an open exchange of communication with their clients about the securities measures their firms are taking to safeguard the clients’ confidential information.

On January 25th at 12:00 p.m. Central Time, in Seyfarth’s first installment of its 2018 Trade Secrets Webinar series, Seyfarth attorneys will review noteworthy cases and other legal developments from across the nation over the last year in the areas of trade secrets and data theft, non-competes and other restrictive covenants, and computer fraud. Plus, they will provide their predictions for what to watch for in 2018.

Seyfarth attorneys Robert Milligan, Michael Wexler, and Joshua Salinas will address the following topics:

  • Significant new federal and state court decisions and legislation on non-compete and other restrictive covenants that may impact their enforcement;
  • The Defend Trade Secrets Act and tips for navigating the law and updating trade secret protection agreements to comply with the statute;
  • Discussion of recent trade secret misappropriation decisions;
  • Noteworthy data breaches and criminal prosecutions and criminal sentences for trade secret misappropriation, data theft, and computer fraud matters and discussion of lessons learned;
  • Best practices for updating agreements and policies to adequately protect company assets and trade secrets.

Throughout 2017, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing area of law. The series consisted of six webinars:

  1. 2016 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets,
    Non-Compete and Computer Fraud Law
  2. Simple Measures for Protecting Intellectual Property and Trade Secrets
  3. Protecting Confidential Information and Client Relationships in the Financial Services Industry
  4. Protecting Your Trade Secrets in the Pharmaceutical Industry
  5. Trade Secret Protection: What Every Employer Needs to Know
  6. Protecting Trade Secrets in the Social Media Age

Continue Reading 2017 Trade Secrets Webinar Series Year in Review