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In trade secret litigation between two competing legal services firms, the United States District Court for the District of Connecticut recently ordered the plaintiff to produce documents without the attorneys’-eyes-only designation that the plaintiff believed was necessary.
Continue Reading Legal Services Firm Ordered to Produce Confidential Documents to Competitor in Trade Secret Dispute

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On January 6, 2021, we learned that federal courts’ nationwide case management system was breached as part of the SolarWinds hack, potentially giving hackers access to sealed court documents that may include trade secret information. The AP reports that a federal court official said that the “potential reach is vast” and the “actual reach is

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Many of us have had to get used to videoconferencing. But that communication platform comes with its own challenges in protecting trade secrets. The Delaware Court of Chancery in Smash Franchise Partners, LLC v. Kanda Holdings, Inc. denied a preliminary injunction motion because, among other reasons, the plaintiff failed to show a reasonable likelihood that

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On September 30, 2020, a Texas federal jury found that San Francisco-based billing technology company Hint Health did not misappropriate the trade secrets of its former partner, Accresa. The jury also rejected Hint Health’s defamation counterclaim and awarded no damages on its breach of contract counterclaim.
Continue Reading Texas Jury Finds Billing Technology Company Did Not Steal Trade Secrets

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A company looking to protect its own trade secrets or manage risk involving others’ trade secrets must first consider whether company information qualifies as a trade secret. Often a threshold issue in litigation, this is also an important question for companies and people to consider when entrusted with access to the information of others.
Continue Reading What Is a Trade Secret?

A recent court case from the Eastern District of Louisiana provides some useful guidance for parties seeking fee shifting in trade secrets litigation.

In December 2016, plaintiffs Source Production & Equipment Co., Inc. (SPEC) and affiliates filed an action in which they alleged violations of the Defend Trade Secrets Act (DTSA), the Louisiana Uniform Trade Secrets Act (LUTSA), and the Louisiana Unfair Trade Practices Act (LUTPA) against defendants Isoflex USA (IUSA) and Richard McKannay, Jr. (collectively, the IUSA defendants). After more than three years of litigation that “involved extensive discovery and motion practice,” the IUSA defendants brought a motion for attorneys’ fees and costs because they argued that plaintiffs’ DTSA and LUTSA claims were brought and maintained in bad faith.


Continue Reading Court Awards Attorneys’ Fees to End “Long and Torturous Litigation”

On appeal from the U.S. District Court for the District of Nebraska, the U.S. Court of Appeals for the Eighth Circuit affirmed a denial of summary judgment holding that there was no misappropriation of trade secrets.

The conflict arose when three former employees of Crop Ventures, Inc., left to co-found Farmobile, LLC. Farmers Edge Inc. (the successor in interest of Crop Ventures) subsequently sued the three former employees and Farmobile for breach of contract, breach of duty of loyalty, and misappropriation of trade secrets. Farmers Edge filed a motion for summary judgment on all claims in its First Amended Complaint, which was denied in full by the district court. Farmers Edge appealed.


Continue Reading Eighth Circuit Affirms Rejection of Trade Secret Claim: Information Freely Shared with a Single Third Party Without a Confidentiality Agreement Was Not Subject to Reasonable Efforts to Protect