United States: Trade Secrets

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Denied Injunction In White Label Dispute Highlights Challenges Of Establishing Irreparable Harm
The Eighth Circuit's decision in Revenue Management Solutions v. Commerce Bank examines the challenges technology companies face when seeking injunctive relief for alleged misappropriation of white-labeled software products. The case explores how white-label licensing arrangements can complicate claims of irreparable harm, particularly when end users remain unaware of the original developer's identity and contractual pricing schedules make damages calculable.
United States IP
HK
Holland & Knight
Article
Texas Business Court Prohibits Foreign Attorneys From Accessing Protected Documents
The Texas Business Court recently clarified who qualifies as an attorney when dealing with confidential and attorney's eyes only designations in discovery. In a case involving alleged trade secret misappropriation between rival transformer manufacturers, the court examined whether attorneys from India representing the plaintiff in other matters could access protected documents in the Texas state court case...
United States Litigation
JW
Jones Walker
Article
International Contract Manufacturing: 8 Ways To Protect Your IP, Products, And Payments
International contract manufacturing exposes companies to defective goods, stolen intellectual property, and payment disputes. Most disasters begin before production when buyers choose the wrong partner, disclose valuable information prematurely, or rely on inadequate agreements that fail to address quality standards, compliance requirements, and enforceable remedies.
United States IP
HS
Harris Sliwoski
Article
File First, Pay Later: XAI’s Dismissal, Apple’s New Complaint, And The Potential Cost Of Getting It Wrong
Two recent trade secret lawsuits against OpenAI reveal the critical difference between viable and dismissible claims under the Defend Trade Secrets Act. While xAI's case was dismissed and now faces a million-dollar fee demand, Apple's complaint demonstrates how to properly plead active acquisition, documented knowledge, and directed exfiltration in talent-raiding disputes.
United States IP
BR
Beck Reed Riden
Article
Key Takeaways And Access To Webinar Recording – Digital Exfiltration & Departing Employees: Protecting Trade Secrets In A Modern Risk Environment
Organizations face mounting risks as employee mobility and technology create new pathways for trade secret theft and data exfiltration. Understanding behavioral red flags, implementing layered prevention strategies, and maintaining coordinated departure protocols can mean the difference between preventing information loss and responding to costly misappropriation. What steps should legal, HR, and IT teams take to protect confidential information in today's high-risk environment?
United States IP
SS
Seyfarth Shaw LLP
Article
Synthetic Data As A Deal Asset: Ownership, Provenance, And Diligence Considerations In AI Acquisitions
As AI companies increasingly rely on synthetic data for model training, M&A transactions involving these assets face novel legal uncertainties around ownership, provenance, and regulatory compliance. This analysis examines the critical due diligence considerations and contractual protections buyers need when synthetic datasets constitute a material component of deal value, from copyright ambiguities to inherited infringement risks and quality degradation concerns.
United States IP
MB
Mayer Brown
Article
Considerations And Strategies For Patenting AI
Artificial intelligence and machine learning inventions present unique patenting challenges that require careful strategic choices between patent and trade secret protection. This guide examines how to frame AI/ML innovations as concrete technical improvements, structure claims around specific architectural features and processing steps, and draft specifications that satisfy eligibility and disclosure requirements.
United States IP
GU
Gesmer Updegrove LLP
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