Trade Secrets

Subscribe to Trade Secrets
karl-pawlowicz-QUHuwyNgSA0-unsplash

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

california lawyers association

On Wednesday, March 8 at 12 p.m. Pacific, Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is presenting the “What Does the FTC’s Crackdown on Non-Competes Mean for Trade Secrets?” webinar for the California Lawyers Association.

The panel will discuss:

  • The FTC’s discussion
    • … Continue Reading Robert Milligan to Present Webinar on How Trade Secrets Are Affected by the FTC’s Crackdown on Non-Competes
    Seyfarth's Trade Secrets team recognized by World IP Review Global Trade Secrets Rankings

    World IP Review included Seyfarth’s team in the first Global Trade Secrets Rankings, which was announced in 2023. The World IP Review Global Trade Secrets Rankings are based on feedback from the market and reflect the fact that trade secret issues are cross border, complex, and high value. Find more information on the World IP Review website.

    Continue Reading Seyfarth’s Trade Secrets Group Earns New International Ranking
    policy-matters-podcast-v2

    In an unprecedented move, the FTC has issued a Notice of Proposed Rulemaking that would render unenforceable all non-compete agreements currently in existence (with limited exception), and would bar employers from entering into any contract that that could conceivably prevent a worker from seeking or accepting certain employment, or operating certain businesses, after the conclusion of the worker’s employment with…

    Continue Reading Policy Matters Podcast: FTC’s Crackdown on Non-Competes Through Agency Rulemaking

    Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023.

    The likely continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023. In short, we expect an uneven year where some litigation booms and some busts. As was true last year, the trick to navigating the upcoming challenges will require clients and their counsel to be adaptive, creative, and proactive.

    Join us for a three-part webinar series, where members of our Commercial Litigation practice group will discuss key trends in the commercial litigation space.

    REGISTER HERE

    Webinar 1

    Tuesday, February 7, 2023
    1:00 p.m. to 2:00 p.m. Eastern
    12:00 p.m. to 1:00 p.m. Central
    11:00 a.m. to 12:00 p.m. Mountain
    10:00 a.m. to 11:00 a.m. Pacific

    In the first session of the series, we will provide insight on the tidal wave of ESG demands, reports, and conflicts (legal and otherwise), as well as significant trends, predictions and recommendations in the following areas:

    • Trial Outlook
    • Consumer Class Actions
    • Trade Secrets, Computer Fraud & Non-Competes
    • eDiscovery & Innovation

    Speakers: 

    Kristine Argentine, Partner, Seyfarth Shaw

    Jay Carle, Partner, Seyfarth Shaw

    Rebecca Davis, Partner, Seyfarth Shaw

    Dawn Mertineit, Partner, Seyfarth Shaw

    Christopher Robertson, Partner, Seyfarth Shaw…

    Continue Reading Upcoming Webinar Series! Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023

    andras-vas-Bd7gNnWJBkU-unsplash

    In the second installment of the 2023 Trade Secrets Webinar Series, Seyfarth attorneys reviewed noteworthy legislation, cases, and 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 predictions for what to expect in 2023.

    As a conclusion to this…

    Continue Reading Webinar Recap! 2022 Trade Secrets & Non-Competes Year in Review
    trade secrets litigation

    Safeguarding trade secrets is typically Rule No. 1 for many companies—particularly technology companies. Therefore, when a company needs to share its highly-guarded trade secrets with a subcontractor in order to complete a project together, most companies understandably require the subcontractor to enter into a confidentiality agreement that includes a non-disclosure provision. Many of those confidentiality agreements also include a liquidated damages provision that is triggered by the subcontractor’s breach.…

    Continue Reading 11th Circuit Upholds Trial Court’s Rejection of Liquidated Damages in Trade Secret Case

    ilya-pavlov-OqtafYT5kTw-unsplash

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

    Ransomware attacks have become one of the most common and pervasive cybercrimes perpetrated against US companies. A bad actor, often from overseas, will gain access to upload malware onto a company’s network storage or application platforms that encrypts all files it can access. A message or text file is usually left with instructions on how to contact the attacker to pay a ransom for the decryption key. In the worst case, a ransomware attack can freeze the business operations by effectively removing access to the company’s critical systems and rendering them useless. Aside from the business impact, what legal implications are created by a ransomware attack?…

    Continue Reading Ransomware Attacks: Harmless Annoyances or Catastrophic Events?

    dawn mertineit named vice chair

    Seyfarth partner Dawn Mertineit was recently named Vice Chair of the Trade Secrets Committee for the Intellectual Property Owners Association (IPO).

    The Trade Secrets Committee focuses on providing practical education to IPO membership and the public on the topic of trade secrets, including presentations, white papers, and form documents. Find more information about the IPO Trade Secret Committee on the…

    Continue Reading Dawn Mertineit Named Vice Chair of Intellectual Property Owners Association Trade Secrets Committee
    enrique-macias-BXXYZ4HtGxU-unsplash

    On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages evidence to survive summary judgment, and (2) whether something can be considered on appeal that has been sealed or subject to a confidentiality agreement.…

    Continue Reading Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence