The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 1 (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen Several years ago, I noticed something remarkable. After years (decades really) of being ignored, trade secret law was finally getting the attention it deserved, and on both sides of the Atlantic. First came the…

The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)

Last week, Congress passed the Defend Trade Secrets Act (the DTSA), which President Obama will sign soon. The Defend Trade Secrets Act extends the current Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations, to allow civil lawsuits….

Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)

Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)

Copyright * Naruto v. Slater: “Naruto is not an “author” within the meaning of the Copyright Act.” I heart Naruto! * Handshoe v. Abel, 1:14-cv-00159-KS-MTP (S.D. Miss. Jan. 8, 2016) (cites omitted): Given that there is no dispute that the…

Senate Judiciary Committee Passes Amended Defend Trade Secrets Act. What Changed? (Guest Blog Post)

Senate Judiciary Committee Passes Amended Defend Trade Secrets Act. What Changed? (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen The Defend Trade Secrets Act (S. 1890) passed out of the U.S. Senate Committee on the Judiciary today, but not before it was amended to address a number of concerns that were voiced by…

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display--Total Recall v. Luckey

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display–Total Recall v. Luckey

Palmer Luckey, who ultimately developed the much-hyped Oculus Rift, entered into an agreement with a company called “Total Recall”. Although it was not crystal clear, the agreement was technically with Thomas Seidl, one of the partners of Total Recall. The…

Do We Need A New Judicial Fast Lane To Combat Trade Secret Theft? (Forbes Cross-Post)

Do We Need A New Judicial Fast Lane To Combat Trade Secret Theft? (Forbes Cross-Post)

I’ve previously described the Defend Trade Secrets Act as “the most important intellectual property development you aren’t paying attention to.” The bill would create a new federal trade secret law that would dramatically change trade secret practice throughout the country….

42 Law Professors Oppose The Defend Trade Secrets Act

42 Law Professors Oppose The Defend Trade Secrets Act

I have frequently called the Defend Trade Secrets Act, a bill to create a new federal civil trade secret cause of action, the most important IP development that you’re not paying attention to. I hope that will change. Today, 41…

Federal Trade Secret Bill Re-Introduced--And It's Still Troublesome (Guest Blog Post)

Federal Trade Secret Bill Re-Introduced–And It’s Still Troublesome (Guest Blog Post)

You may recall my prior coverage of Congress’ efforts to enact a new federal trade secret cause of action. The Defend Trade Secret Act has been reintroduced to Congress and it deserves your attention. If enacted, it would be among the most…

Congress Should MOVE To Restrict Employee Non-Compete Clauses (Forbes Cross-Post)

Congress Should MOVE To Restrict Employee Non-Compete Clauses (Forbes Cross-Post)

Newly hired employees routinely must accept non-compete restrictions as a condition of employment, but don’t interpret the ubiquity of non-compete clauses as a signal that they are a good idea. By restricting future competition for employees’ labor, employee non-competition clauses…

Some Specific Problems With The Proposed Federal Trade Secret Law (Comments From a Reader)

Some Specific Problems With The Proposed Federal Trade Secret Law (Comments From a Reader)

Recently, David Levine guest-blogged a bibliography about a new federal trade secret law. In response to that post, a reader emailed me the following comments (which, as usual, I’m sharing with permission): __ First, the initial problem is that an…