Is the federal DTSA grass always greener? Sometimes yes! Most people think that federal actions under DTSA are basically the same as state actions under UTSA, but that’s an oversimplification. Sure, DTSA was based on UTSA, but occasionally we are reminded that there...
Guest Author Series
Why Trade Secrets Deserve a Front Row Seat in Your Tech Startup’s IP Strategy
The conversation pivots to patents when tech startups talk IP. Patents are the 'big daddy' signals of tangible, visible defensibility in a pitch deck and investor discussions. After all, tech insights are the jet fuel of tech startups. Sometimes those tech insights...
1+1 = 3: Finding the Synergy Between Patents and Trade Secrets
Business leaders are often told intellectual property (IP) protection is a fork in the road: patent it or keep it a trade secret. One path involves public disclosure in exchange for a temporary monopoly, while the other relies on perpetual secrecy for its value. This...
The Hidden Half: How Shadow IT and Lean Function Complete Your Trade Secret Protection Strategy
When cybersecurity professionals discuss trade secret protection, the conversation typically centers on zero trust architecture, access controls, and the principle of least privilege. While these measures form a critical foundation for safeguarding proprietary...
Behind The Curtain: Trade Secret Protection and Theft In Sports
Summary While everyone focuses on the action on the field, the data that makes this action possible is often overlooked. As this data becomes more valuable, it has also become more vulnerable. From Formula 1’s infamous ‘Spygate’ to Houston Astro’s internal database...
The New Face of IP in the AI Age: Why Trade Secrets Matter More Than Ever for Tech [Part 1 of 2]
Imagine this: A consultant starts a competing company after taking your proprietary information while under a confidentiality agreement. You promptly file a trade secret misappropriation claim, but can you prove that what he took was a “trade secret”? If not, you could be out of luck, and potentially liable to pay the consultant!
Stealing Confidential Information is Not Necessarily Trade Secret Misappropriation
Imagine this: A consultant starts a competing company after taking your proprietary information while under a confidentiality agreement. You promptly file a trade secret misappropriation claim, but can you prove that what he took was a “trade secret”? If not, you could be out of luck, and potentially liable to pay the consultant!
Weighing the Options For Protecting AI Innovations
Your company has an incredible AI innovation. The obvious question becomes, what is the best way to protect that innovation? There are generally two options: Patents or Trade Secrets. Which should you choose? For innovations related to machine learning, neural networks, related training models, algorithms and data, the answer, in many cases, is trade secrets.
Georgia Law Applies When Analyzing Enforceability of Restrictive Covenants Litigated in Georgia, Irrespective of Contractual Choice-of-Law Clauses
Edmund Burbach’s employment with Harley-Davidson ended, at which time he began working for a different Harley-Davidson dealership that competed with the dealerships and that was located less than 20 miles from Falcons Fury. Citing the covenants, Motorsports asked Burbach to end that job, but Burbach persisted.