By Julie A. Laemmle
In 2015, BladeRoom Group, Ltd. (“BRG”) and Bripco (UK) Limited (“Bripco”) filed suit in the United States District Court, Northern District of California, alleging that Facebook as well as Emerson Electric Co., Emerson Network Power Solutions, and Liebert (collectively “Emerson”), stole its designs for pre-fabricated modular facilities to build the Facebook data center in Lulea, Sweden. The lawsuit also contended that Facebook published the data center ideas on an Open Compute Project blog in violation of the Open Compute rules, which stipulate that members can only share intellectual property with the owner’s consent. BRG ultimately sought $365 million in damages from its claims for trade secret misappropriation, breach of contract and violation of California’s Unfair Competition Law.
BRG claims it met with the Facebook and Emerson executives in the summer of 2011 and discussed BRG’s technology shortly thereafter. Subsequent to this meeting, Facebook asked BRG for Continue reading Recent Case Highlights the High Price of Trade Secret Misappropriation
By Kacey L. Faughnan, Byron N. Brown, IV, and Sean G. Williamson
Businesses now have an additional weapon with which to protect their trade secrets. Effective May 11, 2016, the Defend Trade Secrets Act (“DTSA”) was signed into law. The DTSA provides a federal cause of action for the protection of trade secrets related to products or services used, or intended for use, in interstate or foreign commerce. Traditionally, trade secrets have not enjoyed the same protections under federal law as other forms of intellectual property, like patents, trademarks, and copyrights. Instead, owners of trade secrets had to rely upon a patchwork of state laws and various adoptions of the Uniform Trade Secrets Act to safeguard their innovations. The DTSA only broadens trade secret protection, leaving intact the parallel remedies available under state law. Yet, the implementation of the DTSA will help to alleviate the uncertainty and inconsistent results that previously occurred in some cases as a result of state-by-state variations in trade secret law.
The enactment of the DTSA provides increased forum choices for businesses taking legal action to protect trade secrets. Prior to the DTSA, federal courts were only available as a forum in limited cases. The new law also increases the amount of Continue reading The Defend Trade Secrets Act: What Employers Need to Know
Bob Craddock and Graham Matherne, Partners in the Firm’s Litigation & Dispute Resolution Service Team, wrote an article that was recently published in the Memphis Daily News. The article, “Trade Secrets and the Inevitable Disclosure Doctrine,” explains the Tennessee Uniform Trade Secrets Act and how it can prevent a former employee from stealing a company’s trade secrets.
Please click here to read the full article.