New Paper: “The Defend Trade Secrets Act Isn’t an ‘Intellectual Property’ Law”

Congress worked on the Defend Trade Secrets Act (DTSA) for years, yet the final product has a number of rough edges and curiosities. One example is the following sentence: This section and the amendments made by this section shall not…

The DTSA’s Ex Parte Seizure Order: The “Ex” Stands for “Extraordinary” (Guest Blog Post)

[By guest blogger Paul M. Mersino. Paul is an attorney with the Detroit-based law firm Butzel Long, P.C. He specializes in Trade Secret disputes throughout the nation.  He defended against the first ex parte seizure application in the nation under the DTSA…

Another Court Rejects DTSA Ex Parte Seizure–Brunswick Rail v Sultanov

You may recall my criticisms of the Defend Trade Secrets Act’s ex parte seizure provision. As far as I know, only two courts have addressed it. Last year, a court declined to grant the seizure without any discussion at all….

Top 10 Internet Law Developments of 2016

Donald Trump’s election as president pretty much dominated our thoughts about 2016 (though Brexit was pretty significant too). So I decided to break up my annual top 10 list into two separate top 5 lists, one election-related, one not. Top…

Does Google’s Non-Disclosure Agreement With Employees Overreach? (Guest Blog Post)

Guest Post by Sharon K. Sandeen In the lead-up to this year’s Presidential election, there was a lot of chatter about the next “bomb-shell” bit of information that might be revealed about Donald Trump, particularly after his now-infamous pussy-grabbing comments….

Court Benchslaps Trade Secret Plaintiff and Counsel For Bad Faith Litigation–RBC Bearings v. Caliber

As you know, for the past year I’ve been railing against the Defend Trade Secrets Act’s unprecedented and ill-advised ex parte seizure provision. The good news is that, as far as I know, there’s only been one request for a…

Employees Bound By Clickthrough Agreements–ADP v. Lynch

An employer sued two departing employees for joining a competitor. The employer sought to enforce, among other things, a non-compete clause (the court calls it a restrictive covenant). The employer included the non-compete provision in stock option grant documentation presented…

Trade Secret Owner Penalized For ‘Specious’ Misappropriation Lawsuit–BTS v. Exclusive Perspectives

As you know, I’ve expressed many concerns about the new ex parte seizure provisions in the Defend Trade Secrets Act (DTSA). To support the ex parte seizure provision, DTSA proponents sometimes argued that legitimate trade secret owners and their lawyers…

The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 2 (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen Part One of this post gave an overview of the new EU Trade Secret Directive (the “TS Directive”) that will be effective shortly (on the twentieth day after it is published in the Official…