06 May, 2024 Preliminarily Enjoin Alleged Trade Secret Misappropriation Without Addressing A Time Bar Defense under the DTSA? By Nicholas Duffee Matt Murphy A trade secret owner must file a civil action under the Defend Trade Secrets Act (“DTSA”) within three years of when the alleged trade...
23 Apr, 2024 Re-Evaluating Trade Secret Policies After FTC Adopts Rule Banning Non-Compete Agreements By Matt Murphy Today, the U.S. Federal Trade Commission (“FTC”) adopted a final rule (3-2) banning new non-compete agreements for both senior executives...
08 Apr, 2024 A Rare Bird? TriZetto Collects $14.5M in Attorneys' Fees but No Trade Secret Damages By Matt Murphy A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial. The claimant...
16 Jan, 2024 Recognizing Risk: When Pursuing A Competitive Edge Creates Exposure to Trade Secret Claims By Matt Murphy A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few...
13 Dec, 2023 Reading Tea Leaves: Oral Arguments in Motorola v. Hytera and the Extraterritorial Reach of the DTSA By Nicholas Duffee Matt Murphy Last week, the Seventh Circuit heard arguments in Motorola Solutions, Inc. v. Hytera Communications Corp. concerning when, if at all,...
29 Nov, 2023 Motorola v. Hytera: Seventh Circuit Set to Hear Arguments on the Extraterritorial Reach of DTSA By Matt Murphy Nicholas Duffee On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning...
20 Nov, 2023 Trade Secrets, ET, and the ITC By Matt Murphy Brian Johnson The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to...
09 Nov, 2023 A Mirage or An Oasis? Avoided R&D Costs Under The DTSA By Matt Murphy The U.S. Supreme Court recently denied a trade secret owner's petition for certiorari in Trizetto Group, Inc. v. Syntel Sterling Best...
01 Nov, 2023 Appian Reimagines The High-Low to Preserve $500M-$2B in Trade Secret Damages By Matt Murphy As the calendar turns to November, a “high-low” (at least here in the basketball capital of the world) usually refers to a basketball...
26 Oct, 2023 The Five Eyes Stare Down Trade Secret Theft By Matt Murphy On Sunday evening, CBS's 60 Minutes aired a segment featuring “The Five Eyes” and the critical issue of state-sponsored intellectual...