Archives: Trade Secrets

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Bankers Beware—Trade Secret Misappropriation Can Lead to Lifetime Ban

Employees change jobs all the time. There is generally nothing wrong with an employee planning his or her next move while still employed. But when an employee’s plans include gathering up his or her employer’s trade secrets to use at a new place of employment, that calculus changes. Brian Esler discusses the Federal Reserve’s recent action against … Continue Reading

Supreme Court to Take Up Protection of Confidential Information Provided to the Government: Food Marketing Institute v. Argus Leader Media

On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media. This represents the latest development toward resolving a conundrum we have described here before (October 2018/June 2018)—how to protect confidential and trade secret information … Continue Reading

Massachusetts Court Holds DTSA Does Not Apply to the Government

As we’ve discussed here before, there is tension and confusion at the intersection of trade secrets law and public contracting/public disclosure law. Contractors dealing with public entities need to be especially alert to the danger of their confidential and trade secret information entering the public domain. That danger was illustrated again by a recent case … Continue Reading

Washington Court of Appeals Affirms That “Inevitable Disclosure Doctrine” Still an Open Question, but UTSA Does Not Preempt All Common Law Claims

In an opinion published on August 22, 2018, but filed earlier on June 25, 2018, the Washington Court of Appeals reversed summary judgment in favor of the employer and remanded for trial on the merits of a trade secrets dispute. The opinion dealt with two controversial issues in trade secret law—the “inevitable disclosure” doctrine and … Continue Reading

You Can’t Take It With You: Bankruptcy Court Offers Novel Remedies for Misappropriated Trade Secrets

It’s not uncommon for executive employees with specialized knowledge in their fields to be poached by competing companies—but under a recent decision from the United States Bankruptcy Court for the District of Delaware, taking an old employer’s trade secrets or confidential and proprietary information with you may give rise not only to causes of action … Continue Reading

Alicia Bell and Carla Quisenberry Join ORLA’s Boiled Down Podcast to Discuss Cease and Desist Letters

Cease and desist letters can serve as a warning ahead of full scale litigation, however there are some possible resolutions before ending up in court. Alicia Bell and Carla Quisenberry joined the Oregon Restaurant and Lodging Association‘s Boiled Down podcast this week to discuss demand letters, how to avoid them, and your options if you … Continue Reading

Alicia Bell Published in Modern Restaurant Management: Protecting Your Restaurant’s Intellectual Property Is More Important Than You Think

As the restaurant industry grows, and as customers pay more attention to local and artisan foods and celebrity chefs, there’s an increased interest in protecting recipes, signature dishes, and restaurant brands as intellectual property. In an article for Modern Restaurant Management, Alicia Bell discusses what restaurant owners can do to protect their intellectual property. To … Continue Reading

It’s Not Always Sunny in Philadelphia: CertainTeed v. BIPV

In CertainTeed v. BIPV, the United States District Court for the Eastern District of Pennsylvania has given us a good reminder that patents (or patent applications) and trade secrets don’t mix well, and also weighed in on the confounding question of whether allegedly confidential information that is not a trade secret can still be protected … Continue Reading