Employee non-compete agreements have long played an important role in employers’ ability to protect confidential and trade secret information.  However, recognizing the distinct advantage employers often enjoy in negotiating such agreements, there has been a well-documented trend in recent years toward greater scrutiny of—and even hostility toward—employee non-competes. One of the best examples of this ..read more

If you have seen any of our prior articles concerning the China Initiative, you know the U.S. Department of Justice (“DOJ”) is still focused on actively investigating individuals with ties to China who are suspected of trade secrets theft.  However, the failure of recent China Initiative prosecutions raises an issue as to which companies involved ..read more

In a recent discovery dispute before the Northern District of California,[1] Plaintiff Monolithic Power Systems, Inc. (“Monolithic”) unsuccessfully attempted to bypass California Code of Civil Procedure section 2019.210 which requires the party making a claim of trade secret misappropriation under the California Uniform Trade Secrets Act (“CUTSA”) to identify the trade secret “with reasonable particularity ..read more

The U.S. Supreme Court recently resolved a circuit split regarding the federal Computer Fraud and Abuse Act (CFAA), specifically weighing in on the “exceeds authorized access” provision of the statute.  The CFAA subjects to criminal liability anyone who “intentionally accesses a computer without authorization or exceeds authorized access.” In Van Buren v. United States, the ..read more

The trial of Xiaorang You (aka “Shannon You”)—the principal research engineer accused of stealing trade secrets from several companies, including Coca-Cola—began on April 6, 2021 in the Eastern District of Tennessee at Greeneville. Ms. You was indicted by a grand jury on February 12, 2019 for theft of trade secrets, conspiracy to commit theft of ..read more

Last year, the California Supreme Court held in Ixchel Pharma, LLC v. Biogen, Inc., that restraints in contracts between businesses should be evaluated using the same “rule of reason” standard that courts use to analyze antitrust violations under the Cartwright Act. Our previous article analyzing the Ixchel decision can be found here. Recently, in Quidel ..read more

A preliminary injunction motion recently filed in the Eastern District of Virginia paints a fascinating story of alleged trade secret theft by a direct competitor in the ultra-competitive field of gas turbines, and the fallout that ensued.  The plaintiff, General Electric Company (“GE”), asks the federal district court to issue a preliminary injunction against the ..read more

In a recent decision, an Eastern District of Texas court conducted an analysis under Federal Rule of Evidence Rule 404(b) outside the criminal context to allow evidence of “other acts” in a trade secrets litigation.  The decision appears to be the first application of Rule 404(b) to a trade secrets dispute by a court in ..read more

The COVID-19 pandemic has led to a rise in fraud by wrongdoers seeking to profit off public panic and strained resources.  One such example is asserted in the lawsuit filed by global health care company Abbott Laboratories (“Abbott”) against its former employee Justin Brown in the United States District Court for the Northern District of ..read more

Trade secret protections are a powerful tool for companies seeking to police international theft of their intellectual property. The United States International Trade Commission (“ITC”) recently re-affirmed this, when Administrative Law Judge Shaw issued a final initial determination in Inv. No. 337-TA-1145 affirming that the ITC has broad subject matter jurisdiction over trade secrets both ..read more