Intellectual property (IP) protection is a fundamental tool for emerging companies in the healthy food and beverage (F&B) sector, serving not only to attract investors but also to distinguish their products in an increasingly competitive market. Building a robust IP portfolio, inclusive of patents, trademarks, copyrights, and trade secrets, can be the deciding factor in…
In a recent turn of events, the US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim. The case in question, Pauwels v. Deloitte LLP, Case No. 22-21, took place on October 6, 2023. The justices presiding over the case were Judges Sacks and Robinson. Judge Jacobs…
In the realm of intellectual property (IP) law, questions surrounding avoided R&D costs under the Defend Trade Secrets Act (DTSA) remain an enigma. While, in some contexts, avoided R&D costs can be both a mirage and an oasis, recent developments in U.S. Supreme Court add a new layer of complexity to the situation. The U.S….
In the recent case of Janssen Prods. LP v. eVenus Pharm. Labs. Inc., the Third Circuit ruled that Janssen Products, L.P. and Pharma Mar, S.A., known collectively as Janssen, could not immediately appeal the denial of their seizure application. This decision has significant implications for legal professionals working with intellectual property, specifically trade secrets. The…
In a world where business landscape dynamics are continuously evolving, staying updated with legal developments becomes a priority. Seyfarth Shaw LLP, delivers its cornerstone publication, the annual 50-State Non-Compete Desktop Reference, catering to this need. This publication is the effort of the firm’s nationally recognized Trade Secrets, Computer Fraud, and Non-Competes practice group. The reference…
In a recent episode of The Proskauer Brief, Daryl Leon and Edna Guerrasio, both high-profile figures in the Restrictive Covenants, Trade Secrets and Unfair Competition Group at Proskauer Rose LLP, discussed the changing landscape for non-compete agreements in the workplace. This podcast episode, titled In a World Without Non-Competes, digs deep into strategies employers can…
Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group has been focusing on the methods and strategies which companies can use to protect their trade secrets and their human resources in a world without non-competes. Daryl Leon, the group’s lead, and senior counsel in the Labor & Employment Law Department, Edna Guerrasio, along with partner…
Recent legislative developments in California, one of the world’s major hubs for business and commerce, underline the state’s continuing commitment to labor rights. California has passed two new bills – Senate Bill 699 and Assembly Bill 1076 – which amount to a significant enhancement of the state’s non-competition law. These new items of legislation, set…
The legal dispute between the prominent law firm, Proskauer Rose, and its former Chief Operating Officer (COO), Jonathan O’Brien, seems to be drawing to a close. After a year of litigation, it now seems a settlement may be reached in the coming month, as indicated in a recent court filing. The case was initiated in…
In a rapidly evolving legal landscape, controversy surrounding non-compete agreements continues to simmer. Over the past year, significant developments have had an undeniable impact on the employment law world, and not just within the United States. According to a recent episode of ‘Employment Law This Week’ and its ‘Spilling Secrets’ podcast series, focus has been…
Holland & Knight, the prominent international law firm, recently strengthened its litigation section by onboarding Cason Kirby as a partner in its Birmingham, Alabama branch. The announcement came from the firm on Wednesday. A major part of Kirby’s remit is his role as a representative for clients within the financial services and insurance sectors. This…
Renowned law firm, Proskauer Rose, is reportedly on the verge of reaching a settlement with its former Chief Operating Officer, Jonathan O’Brien, said to have absconded with a significant expanse of records relevant to the firm’s finances, and business strategy. The records in question were allegedly taken just prior to O’Brien’s departure from the company….
Significant developments are in the works in the legal dispute between Proskauer Rose LLP and its former Chief Operating Officer as both parties have reportedly made substantial progress in negotiating a potential settlement. The law firm’s suit accuses the executive of misappropriation of trade secrets, adding another facet to the ongoing complexities involved in intellectual…
In a continued era of exponential technological growth and globalization, the security of trade secrets and confidential information maintains its significance in the corporate world. Syncopation with international appeal, law firms and corporations globally would gain insight from an upcoming webinar: Trade secrets: Confidential information in the current world. The webinar, scheduled for October 25th…
In a recent decision, the Ohio Supreme Court provided clarification on what constitutes a trade secret under Ohio’s Uniform Trade Secrets Act. The case in question is Hanneman Family Funeral Home & Crematorium v. Orians, and it required a thoughtful analysis of how the ADA (American Disabilities Act) applies to former employees and their rights…
In a recent resolution of a trade secrets tussle, Kira Inc., a leading developer of Legal AI assistance, has reportedly reached a settlement in Virginia with one of its former vice presidents. The noncompete dispute arose when the ex-VP took up an executive role in Kira’s industry competitor, DeepJudge. Subsequent to the settlement, both parties…
In an impactful legal development in the corporate employment realm, Governor Gavin Newsom of California expanded his stance against noncompete agreements in employment by signing a critical bill into law on October 13, 2023. The legislation reinforces the state’s ban on these agreements, augmenting established regulations by making it unlawful for employers to mandate that…
In a recent legislative move, New York has altered the implementation of “Invention Assignment” provisions in employment contracts. The details of this change were outlined on September 15 when the region enacted Labor Law Section 203-f. The law now imposes limitations on the enforceability of invention assignment provisions in employment agreements. As per the new…
In today’s legal news, Kathryn D’Angelo, the top legal counsel for Buffalo Bills, was terminated from her position after engaging in a relationship with John Roth, the team’s chief operating officer and executive vice president. The legitimacy of D’Angelo’s removal lies in her direct reporting line to Bills and Sabres owner Terry Pegula. While Roth…
The swift ascent of artificial intelligence (AI) technologies in corporate settings, particularly over the past six months, has compelled in-house legal teams to hurriedly concoct ethical and regulatory “guard rails”. However, the astonishing pace of change and the urgency to innovate have left many in-house lawyers to develop new AI governance processes ‘on the fly’….
Analog Devices Inc., a prominent tech company, argues in defense of a $600,000 legal fee in relation to the case of an engineer found guilty of trade secret theft. According to Analog Devices Inc., the significant legal costs, associated with WilmerHale and Quinn Emanuel, were justified, as the complex nature of the case necessitated the…
In recent news, noncompete agreements have found themselves under close scrutiny, as significant shifts in state and federal policy loom on the horizon. These potential transformations are most evident within the activities of the Federal Trade Commission and the New York State Legislature. In essence, noncompete agreements are contracts that prohibit an employee from working…
Businesses rely heavily on intellectual property (IP) to safeguard their competitive advantages. As these companies grow and evolve, the question of whether it is more beneficial to patent their technology or keep things behind the scenes as trade secrets often arises. Conventional wisdom holds that these two strategies can exist only at opposites ends of…
Norton Rose Fulbright continues to enhance its team with the recent addition of a new partner. Debbie Birndorf, a seasoned professional in the field of employment and labor law, has joined the law firm’s Los Angeles office. The move was announced on Tuesday. An experienced advocate for employers, Birndorf’s legal prowess extends to the successful…
In an important legal development, a federal court in Pennsylvania granted in part and denied in part a former franchisee’s motion to dismiss a franchisor’s allegation claiming breach of the franchise agreement and misappropriation of trade secrets. This case, decided as ‘JTH Tax, LLC v. Foster, 2023 WL 5938983 (W.D. Pa. Sept. 12, 2023)’, carries…