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Trade secret protection elevated to top of national policymakers' agenda

Fenwick & West LLP
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USA
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April 10 2013

Following the publication of a Virginia-based cyber security firm's report accusing the Chinese military of stealing significant amounts of data from

Preemption of state law tort claims under the Uniform Trade Secrets Act

Fenwick & West LLP
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USA
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December 19 2012

Most state enactments of the Uniform Trade Secret Act (UTSA) include a provision that preempts other civil claims "based upon" or "relating to" claims of

Plaintiff in California trade secret case ordered to pay nearly half a million dollars in attorneys' fees

Fenwick & West LLP
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USA
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August 27 2012

Consistent with other states that have adopted the Uniform Trade Secrets Act, California law allows the prevailing party in a trade secrets action to seek recovery of its attorneys' fees and costs

Multimillion dollar trade secret awards issued in second half of 2011

Fenwick & West LLP
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USA
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March 30 2012

A pair of high-profile trade secret decisions that issued in recent months, one by an arbitrator and one in federal district court, have resulted in historic damages awards

Posting trade secrets

Fenwick & West LLP
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USA
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October 26 2011

In August, a district court in New Jersey issued a significant decision addressing the issue of whether, and under what circumstances, the posting of materials on the Internet destroys trade secret status

A combination of components can be designated a trade secret

Fenwick & West LLP
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USA
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August 9 2011

Two well-publicized trade secret decisions in recent months underscore the well-established principle that a combination of components or elements can constitute a trade secret, even if each of the individual components is already known to the public, so long as the combination is itself unique

Even when trade secret misappropriation leads to financial loss, a reasonable royalty may apply

Fenwick & West LLP
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USA
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January 14 2011

The California Court of Appeal for the Sixth District recently provided guidance on whether a defendant should have to pay reasonable royalties for trade secret misappropriation even if the defendant did not profit from the trade secrets

EPA regulations change, limiting trade secret protection of chemicals

Fenwick & West LLP
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USA
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October 19 2010

The United States Environmental Protection Agency (EPA) recently took several actions to increase transparency regarding chemicals and their potential environmental and health risks

Substantial consequences for discovery failures in a trade secrets case

Fenwick & West LLP
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USA
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August 7 2010

In a controversial and ongoing trade secrets misappropriation battle between Lockheed Martin and L-3 Communications in the Northern District of Georgia, one party faced substantial consequences due to its discovery failures that were uncovered after trial