The 2016 enactment of the Defend Trade Secrets Act (“DTSA”) has led to an increase in trade secret litigation. The DTSA codified into federal law the right of an owner of a trade secret to sue in federal court when its trade secret had been misappropriated. Prior to the DTSA
Trade Secrets
Trade Secret and Fiduciary Claims Against Former CEOs of Biotech Company Survive Motion to Dismiss
On December 1, 2023, in Global Discovery Biosciences Corp. v. Harrington, et al., No. 2022-1132, a Vice Chancellor of the Delaware Court of Chancery ruled on the balance of a motion to dismiss brought back in June 2023 by two former CEOs-Dr. Harrington and Mr. Nuñez (together, “Defendants”)-who were…
Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements
On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant discussion of the proposed rule by the FTC since it was announced on January…
Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses
By Steven Hurd & Scott Tan on
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of non-competes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination of the FTC’s recent efforts, following President Biden’s July 9, 2021 Executive Order on…
Failing To Take Proper Precautions, Hooked Media Lets Trade Secret Misappropriation Claim Off the Hook
By Russell T. Gorkin on
Late last year, a California appellate court reaffirmed longstanding principles that have important lessons for employers hoping to prevent their employees from taking trade secrets with them if they leave to work for a competitor.
In Hooked Media Group, Inc. v. Apple Inc., Hooked Media Group, Inc. (“HMGI”), a…