Filing of Patent Can Act as Constructive Notice of Possible Trade Secret Breach

If someone in possession of another’s trade secrets files a patent application including those secrets, the application may be considered a sufficient notice of possible breach for the purpose of statutes of limitations. That appears to be the result of a recent ruling by the U.S. District Court in the Northern District of California in […]

Nebraska Court Puts Client List Protection Under a Cloud

A court in Nebraska has ruled that a client list that contains only data that could be obtained from other public sources may not be protected as a trade secret. The ruling, if adopted more broadly in other jurisdictions, could undo a long tradition of treating such lists as legitimate trade secret information. In First […]

Considering a Business Relationship? About to Divulge Trade Secrets? Be Very Careful Drafting Your NDA

Traditionally, when two companies enter into negotiations intended to produce a partnership or a joint venture relationship, both parties will require non-disclosure agreements to protect any trade secrets it may divulge during the course of the deal-making discussions. But thanks to a ruling in an Illinois case late last year, the efficacy of the use […]

Protection of Trade Secrets Requires Pro-Active Effort, Less Reliance on “Inevitable Disclosure”

In a recent trade secrets case, a Massachusetts Superior Court judge issued a ruling that should serve as a stark reminder to all companies that rely on trade secrets to protect their vital business data and processes. In a related development, some recent cases in other jurisdictions have raised the question of whether it is […]