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Category Archives: Trade Secrets

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Intentional Interference Claims and Preemption by the California Uniform Trade Secrets Act

Posted in Trade Secrets

By James Kachmar On March 5, 2008, the United States District Court for the Northern District of California (“District Court”) in First Advantage Background Services Corp. v. PrivateEyes, Inc., (“First Advantage”) found, inter alia, that the California Uniform Trade Secrets Act, California Civil Code section 3426, et seq. (“CUTSA”) preempts common law claims for intentional… Continue Reading

Caution Regarding “No-Hire” Provisions

Posted in Trade Secrets

By James Kachmar Businesses, especially consultants, frequently include a no-hire provision in connection with service or consulting agreements. These provisions are usually intended to prevent the client from soliciting or hiring away the consulting company’s employees. No-hire provisions have two primary goals:  First, to protect the employees of one business from being recruited away by the companies… Continue Reading

The Ninth Circuit Expands Employer’s Right to Sue Competitors Who Hire Away Their Employees

Posted in Trade Secrets

By Andrea Anapolsky The state of California is considered an at-will employment state, where both the employee and the employer may freely walk away from the employment contract at any time with little to no consequences.   This freedom, while intended to benefit both the employer and the employee, has enabled several employers to hire away… Continue Reading

A Refresher on the Trade Secrets Doctrine, Part I

Posted in Trade Secrets

By Andrea Anapolksy           In the wake of jury selection for the Coco-Cola Co. theft trade secrets trial and Apple Computer’s two-year quest to discover who leaked trade secret information about an unreleased Apple product to several online blog sites, misappropriation of a company’s trade secrets may have become increasingly more difficult to prevent. This article… Continue Reading


Posted in Copyright Law, Patent Law, Trade Secrets, Trademark Law

By Audrey A. Millemann             A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible in order to maximize the value of the business. This article summarizes the types of intellectual property protection that are available.

Clinical Trial Data Publication – And the FACT Act

Posted in Trade Secrets

By, Pam Bertani & April Gatling Recent controversial media attention regarding the alleged misrepresentation and conveyance of pharmaceutical clinical trial results has spawned action in Congress. Currently pending federal legislation could, if enacted, require publicly accessible, detailed disclosure of clinical trial test results for pharmaceutical and biological products. Such a disclosure requirement will undoubtedly have… Continue Reading

Do’s and Dont’s of Confidentialty Agreements

Posted in Trade Secrets

Many growing businesses face the problem of having ideas that will give them a leg up on the competition or new products that will revolutionize their industries but lack the financial or intellectual resources to, without the assistance of partners, bring those ideas to fruition or to bring the products to market. Even more established businesses often find it necessary to supplement their own internal resources with ideas and products from other businesses. These are situations in which confidentiality agreements become an important means of intellectual property protection for such businesses.

Trade Secrets: Protection Best Practices

Posted in Trade Secrets

By R. Todd Wilson All businesses have trade secrets. Stated slightly differently, every business has information that it would rather keep confidential. A trade secret can be any useful information that is not generally known. Trade secrets encompass both technical information such as formulas, designs, tools, manufacturing processes, and computer source code as well as… Continue Reading