Even prior to the enactment of the Defend Trade Secrets Act in 2016 and its federal protection of intellectual property rights, Perkins Coie has helped safeguard global and market-leading clients’ vital commercial assets in forums nationwide.
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Publications
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06.22.2023New York State Legislature Passes Bill Banning Noncompete AgreementsUpdatesOn June 20, 2023, the New York State Assembly passed a bill which, if signed by New York Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements. New York’s proposed law is the most recent crackdown on the enforceability of noncompetes amid a wave of federal and state efforts to limit such agreements or prohibit them outright.
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02.28.2023NLRB Rules Employee Severance Agreement With Overbroad Confidentiality and Nondisparagement Provisions Violates NLRAUpdatesIn a recent ruling, the National Labor Relations Board found an employer violated the National Labor Relations Act when it offered furloughed employees a severance agreement that included overbroad nondisparagement and confidentiality provisions.
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01.09.2023FTC Announces Proposed Ban on Noncompete AgreementsUpdatesThe Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement.
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Fall 2022Four Keys to Litigating a Modern Trade Secret CaseArticles
American Bar Association Litigation Journal
Perkins Coie attorneys David Perez and Heath Hyatt discuss four critical, and recurring, considerations should be kept in mind in a modern trade secret case. It is important to know the forensic evidence, preserve everything, seek early equitable relief, and define the relevant trade secrets early.
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10.13.2022The District of Columbia Implements a Modified Ban on Non-Compete ProvisionsUpdatesAfter more than a year of delays and revisions, the long awaited Ban on Non-Compete Agreements Amendment Act of 2020 (the Act) took effect beginning October 1, 2022, following the passage of the Non-Compete Clarification Amendment Act of 2022.
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03.31.2022Washington, D.C., Ban on Non-Competes Postponed Until October 2022UpdatesMayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021.
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10.29.2020How Cannabis Companies Can Protect Their TrademarksArticlesThe cannabis industry’s rapid growth presents companies with the need to protect their brands from trademark infringement, and to avoid infringing on the trademarks of others.
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2018Trade Secret FundamentalsIn general, a trade secret is any information that the owner keeps secret that has economic value because it is not known by others.
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06.14.2018Criminal Trade Secret Prosecutions Under Trump—One Year LaterUpdates
The first year of the Trump administration saw the DOJ continue the Obama administration’s focus on protecting U.S. intellectual property interests by investigating and prosecuting trade secret cases, especially those involving foreign interference and national security concerns.
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05.31.2018Criminal Trade Secret Prosecutions Under Trump So FarArticles
Law360
In early January 2017, just weeks before Donald Trump was to take the helm as the president of the United States, we assessed the government’s efforts to protect against the persistent financial and strategic threat posed by the theft of valuable intellectual property from U.S. companies by foreign agents and others. -
01.04.2017How Will Criminal Trade Secret Prosecutions Fare Under President Trump?UpdatesFor many companies, protecting intellectual property is a significant concern made more difficult in recent years by the persistent efforts of foreign agents to steal valuable trade secrets. Analysis of public sources indicates that under the Obama administration, the U.S. government has made substantial efforts to combat this theft through an increase by the U.S. Department of Justice (DOJ) in the number of criminal trade secret prosecutions.
This update was republished in Law360 on 01.06.2017, "Criminal Trade Secret Prosecutions Under President Trump." -
05.19.2016Defend Trade Secrets Act Contains New Immunity Notification Requirements for EmployersUpdatesThe new Defend Trade Secrets Act (DTSA), signed into law by President Obama on May 11, 2016, creates a new private civil cause of action in federal court for trade secret misappropriation.
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05.02.2016New Defend Trade Secrets Act Creates Powerful Protection OptionsUpdatesThe United States House of Representatives passed the Defend Trade Secrets Act, S. 1890 on April 27, 2016, in identical form to that previously passed by the Senate on April 4, 2016.
Presentations
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11.17.2023Nuts & Bolts of Trade SecretsSpeaking EngagementsCLE Department, State of Arizona / Phoenix, AZ
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11.02.2023IAM Live: Trade Secrets Strategy USASpeaking EngagementsSponsorship
IAM / San Francisco, CAPerkins Coie sponsored the IAM Live: Trade Secrets Strategy USA, which brought together leading experts, including private practice and in-house counsel, to provide actionable insights into the identification, management, valuation, enforcement, and monetization of trade secrets. -
09.11.2023The Use of Clean Rooms to Minimize Risk and Protect InnovationsSpeaking EngagementsThe Sedona Conference Annual Meeting / Minneapolis, MN
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12.02.20212021 The American Lawyer Industry Awards (TALIA)Speaking EngagementsSponsorship
The American Lawyer / New York, NY -
12.10.2020
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05.07.2020I Saw Another Company’s Confidential Information: Now What?Speaking EngagementsSponsorship
ACC Arizona / Webinar -
05.06.2020So You Think You Have a Trade Secret?Speaking Engagements
Oregon State Bar Intellectual Property Section / Webinar
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09.27.2018Managing IP Trade Secrets ForumSpeaking Engagements
Panelist
San Jose, CA -
11.07.2016Defend Trade Secrets ActSpeaking EngagementsStrategies for Adapting to the Defend Trade Secrets Act (DTSA): Impact on Business and Litigation Strategies / Seattle, WAThis comprehensive conference will include a detailed examination of the pros and cons of trade secret litigation in federal court under the new DTSA as opposed to existing state law trade secret protections.
Trade Secret Tracker
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FTC Announces Proposed Ban on Noncompete Agreements
On January 5, 2023, the Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete... Continue Reading…
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Maine Magistrate Recommends Dismissal of Defense Against Trade Secrets Claim
The inevitable disclosure doctrine is a concept rooted in common law that allows a plaintiff to prove trade secret misappropriation by “demonstrating that defendant’s new employment will inevitably lead him [or her] to rely on plaintiff’s trade secrets.” PepsiCo., Inc. v. Redmond, 54 F.3d 1262, 1269 (7th Cir. 1995). Thus, the defendant threatens misappropriation merely... Continue Reading…
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Not Immune From Misappropriation: Companies Fight Over COVID-19 Vaccine Intellectual Property
At the height of the pandemic, companies and governments around the world scrambled to develop and distribute COVID-19 vaccines. One such relationship involving HDT Bio, a Seattle-based biotechnology company, and Emcure, one of India’s largest manufacturers and distributors of generic drugs, has resulted in a fight over ownership of the life-changing formula. According to HDT... Continue Reading…
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No Award of Attorneys’ Fees for Claims Filed Without Factual Support
In 1992, Elizabeth Elting and Philip R. Shawe founded TransPerfect Global, Inc. (“TransPerfect”), a provider of language and technology solutions for businesses around the globe. When Ms. Elting wanted to dissolve her relationship with TransPerfect, the company held an auction and a custodian made some of TransPerfect’s confidential information available to potential bidders. The custodian’s... Continue Reading…
