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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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Merely Possessing Trade Secrets Does Not Create Liability For Misappropriation
A company’s trade secrets (i.e., information not known outside the company that could be valuable to competitors) can be some of its most important intellectual property. While companies with a strong trade secrets portfolio usually require employee...
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Supreme Court to Take Up Protection of Confidential Information Provided to the Government: Food Marketing Institute v. Argus Leader Media
On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media. This represents the latest development toward...
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Massachusetts Court Holds DTSA Does Not Apply to the Government
As we’ve discussed here before, there is tension and confusion at the intersection of trade secrets law and public contracting/public disclosure law. Contractors dealing with public entities need to be especially alert to the danger of their confiden...
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You Can’t Take It With You: Bankruptcy Court Offers Novel Remedies for Misappropriated Trade Secrets
It’s not uncommon for executive employees with specialized knowledge in their fields to be poached by competing companies—but under a recent decision from the United States Bankruptcy Court for the District of Delaware, taking an old employer’s trade...
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The State Can Plunder Your Copyright: Allen v. Cooper
In 1710, during the reign of Queen Anne, Great Britain’s Parliament enacted the statute that gave rise to copyright as we know it—the Statute of Anne—which was the first statute to declare that the subject matter of copyright would be regulated by th...
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And Then There Was One...Massachusetts Adopts Uniform Trade Secrets Act
Almost every state in the nation has adopted some version of the Uniform Trade Secrets Act (UTSA). For many years, the two biggest holdouts had been Massachusetts and New York, which both stubbornly clung to a mélange of common law principles to prot...
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