Is the DTSA Ex Parte Seizure Provision Constitutional?

The Defend Trade Secrets Act (DTSA) has been law for 2 1/2 years. At this point, it’s pretty clear the DTSA ex parte seizure provision never belonged in the statute. Courts have ordered only a few ex parte seizures, and…

Video Advertising Contract Descends Into Possible "Cyberattack"--Radian Weapons v. GY6Vids

Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids

This is a lawsuit between Radian Weapons and GY6Vids, a company that Radian hired to promote Radian’s products on YouTube. (GY’s YouTube channel currently has almost seven hundred thousand subscribers. Press coverage of the lawsuit from The Bulletin here.) The…

Section 230 Applies to Defend Trade Secret Act Claims–Craft Beer Stellar v. Glassdoor

Glassdoor is a consumer review site for employees reviewing employers. The plaintiff in this case is a franchisor. Purported employees of a franchisee posted six negative reviews about the franchisee on Glassdoor. The reviews mentioned the francishor’s CEO,  Suzanne Schalow,…

Q2 2018 Quick Links, Part 5 (Potpourri)

My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for closer review or possible posting over the past 18 months…

2H 2017 & Q1 2018 Quick Links, Part 2: Innovation and Confidentiality

Innovation * NY Times: Russia Wants Innovation, but It’s Arresting Its Innovators * Contigiani et al, Trade Secrets and Innovation: Evidence from the ‘Inevitable Disclosure’ Doctrine. The abstract: Does heightened employer-friendly trade secrecy protection help or hinder innovation? By examining…

Presentation on the First 18 Months of the Defend Trade Secrets Act

Earlier this month, I spoke at the California State Bar IP Section’s “IP Institute” in Newport Beach. My topic was “What’s Up With the Defend Trade Secrets Act?” I used the 60 minute session to look at what’s been happening in the…

US Court Protects Google From Canadian Court's Delisting Order--Google v. Equustek

US Court Protects Google From Canadian Court’s Delisting Order–Google v. Equustek

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Datalink allegedly misappropriated Equustek’s trade secrets to develop competitive products. Equustek sued Datalink in Canadian courts and obtained various court orders. The Datalink principal fled Canada…

No "Contract By Tweet" for Plaintiff Who Pitches Movie Idea via Social Media

No “Contract By Tweet” for Plaintiff Who Pitches Movie Idea via Social Media

This is an idea theft case based on the idea behind “Creed” the movie, a spinoff of the famous Rocky movies. Jarrett Alexander alleged that he came up with the idea for Creed, drafted the screenplay, and put together a…

Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)

[Eric’s note: this is another excerpt from my Internet Law casebook. Venkat and I couldn’t blog last year’s chaotic and messy Ninth Circuit’s CFAA jurisprudence in real time. I nevertheless took one for the team and tried to make sense of the…

Global Content Removals Based on Local Legal Violations (Internet Law Casebook Excerpt)

[Eric’s note: I’m sharing an excerpt from my Internet Law casebook discussing transborder content removal orders, including the Equustek case.] From the Internet’s earliest days, the tension between a global communication network and local geography-based laws has been obvious. One…