Category Archives: Trade Secrets
Allergan’s IS a Botox Smile; or, No Mirth for Merz
Allergan, the maker of the first botulinium toxin cosmetic product (better known as Botox) is smiling today because it won a trade secret misappropriation trial against competitor Merz Pharmaceutical. Merz markets Xeomin, another botulinium toxin product that until recently was authorized only for muscle cramps. Allergan sued for trade secret misappropriation after Merz poached Allergan’s […]
Silicon Handshake or Hangman’s Noose: The NDA’s Opportunities and Risks
Nondisclosure Agreements (“NDA”) are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal — what is good for the discloser is not good for the recipient. The “Silicon Handshake” can become a hangman’s noose for the unwary. Questions to Ask. Any potential signer to an […]
A Wellness Program — For Your Business
Just as your body needs annual wellness checkups, your business does, too. Much of the simple matters can be done by your office, without an lawyer – but if issues turn up, it may be time to check with counsel. Corporate Status ❏ Corporate Status. Is your business in good standing with the state? In […]
Leveling the Playing Field:
Due Process and Trade Secret Misappropriation Cal. Civ. Proc. Code § 2019.210 by: Andrew K Jacobson The Fifth Amendment to the US Constitution guarantees due process of law. One type of due process is knowing the details of the accusations in a court of law against you. But in trade secret misappropriation cases, the trade […]
Who Gives a Tweet About Who Owns a Tweet?
The media revolution of the last 20 years will continue well into the future, and new issues will arise that few will think about in advance. Small businesses can save themselves huge expenses in protecting their media outlets by updating their employee manuals so that it is clear from the outset of employment that these new media channels belong to the employer, not to the employee.
The Cinderella of Intellectual Property
Law regarding trade secrets has long been seen as the ugly step-sister of intellectual property. Patents, trademarks, and copyrights have traditionally been held to be federal concerns, while trade secrets have been seen as principally protected by state laws. Now, two senators want to allow the trade secret Cinderella into federal court by introducing a […]
When Cease-and-Desist Means Start Right Now
Confronting claims in a cease-and-desist letter head-on will be cheaper in the long-run than burying your head in the sand. A cease-and-desist letter is a code for starting things right away.
Litigation and War
By: Andrew K. Jacobson ©2004 In his autobiography, “My American Journey,” former Joint Chief of Staff Chairman General Colin L. Powell presents several tests to determine when the nation should commit to battle. These tests eventually became known as the “Powell Doctrine.” These tests are as applicable to litigation as they are to war: Commit […]
Intellectual Property Secrets
Copyrights, Trademarks, Trade Secrets, & Patents Copyright What’s a Copyright? A Copyright gives you the right to control what happens to a work that you’ve produced. You have the right to control the copying of it (hence the term “Copyright”), but you have other rights as well. For example, you have the right to control […]
When Your Valuables are Available
When you visit a jewelry store, it is easy to see a lot of security – cameras, electronic access cards for employees, sturdy, locked cabinets that display the jewels behind solid plastic. There is no doubt there is even more security that is not visible, especially at night. Much of this security is at the […]
