LexisNexis® Legal Newsroom
Fisher & Phillips LLP: Ex Parte TRO's: Courts Don't Like Them

By Michael R. Greco Every now and then, non-compete and trade secret plaintiffs conclude that the need for relief is so urgent that a temporary restraining order is not enough. Instead, they decide that relief must be granted by the court before notice and an opportunity to be heard is provided...

Bensen on the Economic Espionage Act & the Uniform Trade Secret Act

In May of 2012, the FBI set up billboards with a simple message: "$13 Billion Lost, Protect America's Trade Secrets." The purpose of the unusual campaign was to draw attention to the growing problem of state-sponsored espionage targeted at U.S. companies. Increased awareness of the problem...

Fisher & Phillips LLP: Can I Protect My Trade Secrets Via Social Media Policy?

By James Douglass Everybody in the modern workforce is involved in social media in one way or another. Think about it. Even if your company does not utilize social media (which is becoming less and less likely), it is almost certain that your company's employees do. Whether or not your company...

Chancery Denies Motion to Dismiss for Lack of Indispensable Party in Non-Compete Case

NuVasive, Inc. v. Lanx, Inc ., C.A. No. 7266-VCG (Del. Ch. July 11, 2012). Issue Addressed : Whether former employees are indispensable parties in a claim against their new employer for breach of a covenant not to compete, and misappropriation of trade secrets, based on allegations that the new employer...

Crowell & Moring Releases Report, 'Litigation Forecast 2013'

WASHINGTON, D.C. - Crowell & Moring LLP has announced the publication of "Litigation Forecast 2013: What Corporate Counsel Need to Know in the Coming Year." The report explores critical litigation issues, provides concise, forward-looking perspectives on trends affecting a wide range of...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Fisher & Phillips: Non-Compete and Trade Secret Review for February 2013

by Michael R. Greco February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier. Before I recap some of February's highlights and direct you to some of the best resources out there on the...

Wind Turbine Case Not So Civil as Indictment Alleges Sinovel Conspiracy to Steal IP

The AMSC- Sinovel copyright and trade secret dispute involving wind turbine control systems has been big news (see, e.g., previous posts here , here , here and here ), but legally speaking, mostly civil. That changed recently when the U.S. Department of Justice filed an indictment in federal court...

Business Tort Case Moves Forward Against Virginia Company

AWP, Inc. is engaged in the business of traffic control solutions for road construction sites and emergency situations. AWP alleges that Shawn Watkins, a former employee, began his own traffic control business, Traffic Control Solutions, LLC (TCS) while still working at AWP, and that he misappropriated...

California Green Chemistry Regulation to Be Effective October 1, 2013

The State of California has posted the Effective Date of its Safer Consumer Product Regulation as October 1, 2013, and has also posted the final version of the regulation. Currently, it is requesting comments on new provisions of the regulation. The new sections eligible for comment are limited to Section...

Foley & Lardner LLP: Have Your Safeguards For Protecting Confidential Information Kept Pace With Your Next-Generation Manufacturing Processes?

Today’s next-generation manufacturing is marked by speed and technology. However, technology can be a double-edged sword. On one hand, technological innovations and advancements have resulted in a manufacturing resurgence in the United States. On the other hand, technology also makes confidential...

The Criminalization of Employment Law

A new indictment in a trade secret case , where a former employee opened his own business, made me think about something that's been bothering me for awhile, namely, the criminalization of employment law. I did a piece about this a couple years ago called Your Ex-Boss Wants You In Jail . It's...

Trade Secrets Cases in the NC Business Court: You Show Me Yours Before I'll Show You Mine

There's a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , and it bars the plaintiff from proceeding with discovery until the trade secrets allegedly being misused by the defendant...

Are You Doing Enough to Protect Your Trade Secrets From Theft in the Cloud?

Do your employees use Dropbox (or Google Drive, or Box, or iCloud, etc.) to store work documents? The appeal of these cloud services is easy to see. Because they provide the ability to store electronic files and access them across multiple devices linked to the same account (i.e., one’s office...

Predictive Analytics and Big Data in the Workplace and Beyond: The Science Behind the Crystal Ball

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. An awful lot of ink has been devoted lately to Predictive Analytics and Big Data—two...

Do You Have to Be the Owner of a Trade Secret to Sue For Misappropriation?

Can an exclusive licensee of a trade secret sue for its misappropriation? Maybe, even though North Carolina's version of the Uniform Trade Secrets Protection Act reserves the right to sue to an "owner." N.C. Gen. Stat. §66-153 . The Uniform Act, by contrast, allows a "complainant"...

California Federal Court Dismisses Trade Secret and Other Tort Claims

Shows Need to Specify Trade Secrets and Distinguish Other Claims at Outset of Case In California, by statute, companies and individuals seeking to enforce trade secrets have to be able to specify, with reasonable particularity, the trade secrets they are seeking to protect at the outset of the case...

Customer Lists and Pricing Information Aren't Necessarily Confidential

When an employee has signed an enforceable non-competition and non-solicitation agreement, he will be prohibited from soliciting the employer's customers for a certain length of time after the employment relationship ends. In the absence of an express non-competition clause, a former employee is...

Trade Secret Litigation Updates: Sinovel Challenges Summons Service and Philips Computer Fraud Claim Fails

There are updates on a couple of green tech trade secrets cases, each involving allegations of misappropriation by Chinese companies and their employees. First, as discussed in a previous post , the ongoing litigation between American Superconductor (AMSC) and Sinovel includes a criminal indictment...

An Interesting Trade Secrets Case from the North Carolina Business Court

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information -- can be considered a "trade secret", the Business Court's opinion...

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , in which he held that the Plaintiff, which was suing for misappropriation of trade secrets, was barred from pursuing discovery because it had not identified...

There's a Difference Between "Confidential and Proprietary Information" and a Trade Secret

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October 2014? I don't think one has been granted. But earlier this week, Judge...

It Can Be a Tough Road for Trade Secrets Plaintiffs in the NC Business Court

If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified its allegedly misappropriated trade secrets with sufficient particularity. And...