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Protecting Your Trade Secrets Starts with Knowing What They Are

Small business owners are the hardest-working people around. They are usually either the ones who unlock the door in the morning, or the one to lock up at night – or both. But keys and doors only protect so much:  are your most valuable assets — your trade secrets —  protected 24 hours a day, […]

New Obligations to Defend Your Trade Secrets

On Wednesday, May 11, 2016, President Obama signed into law the “Defend Trade Secrets Act of 2016,” which provides an extraordinarily strong civil seizure provision – and an important notice requirement to employees, contractors and consultants that all employers who even think they have trade secrets should add to their contracts and employee handbooks. This […]

Now for The [Good] News…

by: Andrew K Jacobson The news has been dreary for some time now, and September has not been friendly in the recent past. Under all that gloom, it is easy to forget that there is a lot of good news out there: Lower Crime. Accounting for population growth, violent crime is down 48 percent over the […]

What Flavor is your NDA?

By Andrew Jacobson   Ah, the conundrums of a child’s summer: butterscotch, or strawberry? Mint chocolate chip, or triple fudge? Cone or cup? Businesses have their less-tasty choices, but they are still there: what flavor is your non-disclosure agreement? There are almost as many options for NDAs as there are at your local ice-cream store. […]

Game of — Pawns?

The FBI tells the story of Glenn Shriver, a former college student from Michigan who learned Mandarin and lived in China in 2004. He made some friends who encouraged him to find a job with the US government. He received some $70,000 merely to apply for such a job, but by the time the FBI arrested him, he realized that his friends were actually intelligence agents wanting to place a mole inside US agencies.
National agencies are not the only targets. US companies are also subject to foreign espionage. Just last month, the Justice Department announced indictments of five members of China’s military for stealing US companies’ trade secrets.

Trade Secrets Done Right

A recent San Mateo County case, Altavion v. Konica Minolta Systems Laboratory, Inc. , shows how a plaintiff can identify trade secrets with reasonable particularity on the way to winning a $4.8 million trade secret misappropriation case.

Unclassy Action

By Andrew Jacobson The class action lawsuit that engineers brought against seven of the biggest Silicon Valley companies has been tentatively settled for about $324 million. Divided equally among the 64,000 class members after paying attorneys’ fees, each engineer would get about $3,500 – about one paycheck per engineer, hardly the mother lode some were […]

YogaGlo Patent Loses Its Shine

By: Sharon Adams YogaGlo Patent # 8,605,152, Figure 1 INTRODUCTION There has been much controversy in the yoga community about the recent issuance of a patent to YogaGlo. The YogaGlo patent contains claims for videoing a yoga instructor teaching students, with an unobstructed line of sight from video camera to the instructor. There are so […]

Now That’s a Hallmark Moment

When you think of Hallmark, you often think of the word “giving.” In a recent case, though, Hallmark will be doing the getting: a repayment of a substantial severance package by a former executive who later used Hallmark’s trade secrets to compete against it. As the Eighth Circuit Court of Appeal explained in Hallmark Cards, […]

Limits on Civil Torture

It is easy to feel smug when we look back on our ancestors 1000 years ago. They had donkeys — we have 400 horsepower, 4 wheel drive vehicles. They had the Black Death — we have vaccines for all types of illness, even cancer. For a justice system, they had trial by ordeal — we […]

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