Trade Secret Law Evolution Podcast

Jordan Grotzinger and Charles Feigelstock break down the highlights of 2021 in TSLE's third Year in Review. 

In this episode, we address the doctrine of "preemption," or supersession, under the California Uniform Trade Secrets Act, and specifically how a "shotgun" pleading of related claims can result in preemption.  We also discuss a court decision explaining the showing needed to have trade secret information in court papers filed under seal.  

In this episode, we discuss the Sixth Circuit's recent analysis of the statute of limitations for trade secret misappropriation claims, including the concept of continuing misappropriation. 

In this episode, we examine how a plaintiff proved the existence of a "compilation" trade secret in a trial resulting in an eight-figure verdict, and the issue of how a preliminary injunction in a trade secret case affects the plaintiff's claims for damages.

In this episode, we discuss President Biden's July 9, 2021 Executive Order, "Promoting Competition in the American Economy," and what it means for trade secret protection.  We also unpack the definition of "use" of trade secrets under the Defend Trade Secrets Act.

In the month that marks our two year anniversary, we welcome back guest Todd Pickles, and discuss a recent Supreme Court opinion that clarifies the reach of the Computer Fraud and Abuse Act and the opinion's impact on trade secret cases.  We also continue our discussion of the China Initiative and its progress in the Biden Administration.

In this episode, we discuss an informative analysis in the Southern District of New York of so-called "avoided costs" as damages for trade secret misappropriation, and the bi-partisan Protecting Intellectual Property Act of 2021 which, according to a sponsor, "draws a line in the sand" when it comes to foreign actors stealing trade secrets from American companies. 

In this episode, we discuss how sabotage can constitute misappropriation of trade secrets, and the challenges of obtaining summary judgment in trade secret cases. 

In this episode, Jordan Grotzinger and co-host Justin Victor discuss two recent Delaware cases that address what law and venue to choose for trade secret litigation, courts' differing policies on enforcing such agreements, and preemption by the Uniform Trade Secrets Act.

In this episode, we discuss the logistics of forensic investigations, a key process in trade secret cases, with expert Jim Vaughn of iDiscovery Solutions.

In this episode, we welcome you to Season 3 of the podcast, and discuss preemption under the Uniform Trade Secrets Act, the increasingly important issue of compilations as a trade secret, and the Ninth Circuit's decision on an issue of first impression – whether pre-enactment disclosures are actionable under the Defend Trade Secrets Act.

This episode is our second annual year-in-review discussion.  We address handling trade secrets while working remotely, surviving summary judgment and more.  We'll be back in January, and wish everyone safe, healthy and happy holidays. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of...

In this episode, we discuss a recent Ninth Circuit case that addressed the level of trade secret identification necessary to survive summary judgment.  We also discuss factors relevant to whether customer data are trade secrets.

In this episode, we address for the first time the criminal enforcement of trade secret protection, including related geopolitical issues, trends and the overlap with civil cases. 

In this episode, we discuss agency liability in the trade secret misappropriation context, the doctrine of indirect misappropriation, and intrinsic knowledge as a trade secret.  

In this episode, we discuss the showing that's required to obtain attorneys' fees in a trade secret case, what you must establish to file documents under seal, and challenges in obtaining temporary restraining orders.

In this episode, we discuss how and when trade secret law applies to conduct abroad, and tips on how to prove your confidential material constitutes a trade secret.

In this episode, we discuss the effect of a trade secret subsumed within a parent, the viability of claims under the Defend Trade Secrets Act for misappropriation before its enactment, and the application of the economic loss rule to trade secret cases.

In this episode, we address a decision out of the Northern District of Illinois that examines the "do's and don't's" of trade secret identification at the summary judgment stage, and we celebrate our one year anniversary.  This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they lis...

In this episode, we discuss the 11th Circuit's deep dive into "improper means" and the misappropriation of compilations that include public information.   This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state's MCLE...

Ashley Farrell Picket rejoins us remotely to discuss the important of trade secret ownership for Defend Trade Secret Act cases, and how to plead misappropriation and inevitable disclosure where that theory applies.  This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened....

In this episode, we discuss a recent District Court interpretation of subject matter jurisdiction under the Defend Trade Secrets Act, pleading misappropriation without establishing that all stolen information constitutes a trade secret, and how to plead "indirect" misappropriation.  This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys a...

In this episode, we forge on remotely.  We address how the COVID-19 crisis affects trade secret protection, and a case from the Northern District of California ruling on "high level" trade secret identification and what constitutes acquisition by improper means. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for se...

In this episode, we revisit the coffee extract case and address the Court's analysis of the plaintiff's motion for a preliminary injunction.  We also discuss a bill that would provide trade secret protection for cannabis companies in Maine. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amoun...

In Episode 18, we discuss how explaining what your trade secret does can bolster your trade secret identification, along with reasonable efforts to maintain secrecy and how they help to establish "improper means" for purposes of misappropriation.   This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting t...