Trade Secrets

Subscribe to Trade Secrets via RSS

About the Program

In today’s fast-paced business environment, intellectual property (IP) reigns supreme. Among the various forms of IP, trade secrets hold a distinct advantage, offering a competitive edge that’s both elusive and invaluable. Yet, in an era marked by technological advancements and increased connectivity, safeguarding these trade secrets poses a significant challenge.

As innovators and custodians of proprietary information…

Continue Reading Upcoming Webinar! Unveiling Trade Secrets Breaches: Leveraging Forensic Examinations for Robust IP Protection

We invite you to watch our webinar, “Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age.” In today’s ever-evolving and interconnected world, trade secret protection demands proactive measures against both technological vulnerabilities and human threats. Watch our fourth installment of our 2024 Trade Secrets Webinar Series, where our panel of seasoned trade secrets and cybersecurity attorneys spoke about practical…

Continue Reading Webinar Recap! Unveiling Trade Secrets Breaches: Leveraging Forensic Examinations for Robust IP Protection
wesley-tingey-9z9fxr_7Z-k-unsplash (1)

Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of trade secrets is brought in “bad faith.” See 18 U.S.C. § 1836(b)(3)(D); 12 Pa. Cons. Stat. § 5305(1). But who decides “bad faith” – a…

Continue Reading Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA

We are proud to announce that Seyfarth Shaw’s Trade Secrets group has been recognized as one of the best in the country by the Legal 500 United States 2024 edition. This recognition underscores our commitment to excellence in trade secrets law. Feedback from corporate counsel was crucial in determining this ranking, with Seyfarth partners Michael Wexler, Kate Perrelli, Robert Milligan…

Continue Reading Seyfarth Shaw’s Trade Secrets Group Earns Prestigious Ranking from Legal 500
wesley-tingey-9z9fxr_7Z-k-unsplash

The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should not pursue a particular job opportunity, or (3) telling the worker that the worker is subject to a non-compete.[1] The FTC asserts that these…

Continue Reading The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance
mike-scheid-xoYPV4oVQJI-unsplash

On May 31, 2024, the Governor of Colorado signed House Bill 24-1324, titled “Attorney General Restrictive Employment Agreements,” putting into place a law to toughen protections for employees who are subject to abusive contracts ostensibly requiring repayment to employers for education and training expenses upon termination of employment, commonly referred to as “TRAPs” (Training Repayment Agreement Provisions). This new…

Continue Reading Colorado Amends Non-Compete Law To Address Potential Abuses of Training Repayment Agreement Provisions (TRAPS)
Chambers_GPG_TRADE SECRETS_Badge_2024_Contrib Large

We are thrilled to announce the release of the Chambers Trade Secrets 2024 Global Practice Guide, a comprehensive resource providing the latest insights and legal updates in the field of trade secrets law. Authored by leading experts in the industry, including Seyfarth Shaw LLP’s very own Robert Milligan and Dawn Mertineit, this guide is an invaluable tool for professionals navigating…

Continue Reading Seyfarth’s Robert Milligan and Dawn Mertineit Lead Contributions to Chambers Trade Secrets 2024 Global Practice Guide
policy-matters-podcast-v2

Last year on the Policy Matters podcast, the team explored the fundamentals of non-compete agreements and examined what the adoption of the FTC’s proposed non-compete rule could mean for employers. Today, host Leon Rodriguez is joined by Daniel Hart and Dawn Mertineit to discuss the groundbreaking rule set to shake up non-compete agreements in the workplace, slated for enforcement starting…

Continue Reading Policy Matters Podcast: Deciphering the FTC’s Non-Compete Overhaul

All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing its former Senior Vice President of Growth, Customer, Michael Hermalyn, from violating his restrictive covenants with DraftKings or misappropriating its confidential information.

Background

DraftKings is an online…

Continue Reading DraftKings Obtains Restrictive Covenant and Trade Secret Injunction Against Former Executive
Commercial Litigation Outlook

We invite you to watch our webinar, the second installment of the Commercial Litigation Outlook series, titled “Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance.” Our panel, consisting of Rebecca Woods, Dawn Mertineit, James Yu, Jason Priebe, and Matthew Christoff, dissected the ever-evolving world of non-competes and trade secrets.

Here are the key takeaways from the webinar:…

Continue Reading Webinar Recap! Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook