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Joint Ventures and Strategic Partnerships After the Defend Trade Secrets Act of 2016
American companies, and foreign companies doing business in the United States, routinely collaborate with outside entities in mutually beneficial joint ventures and strategic partnerships. In that process, however, these companies can risk losing protection for their critical trade secrets to outsiders.
Although misappropriation of a trade secret by a joint venture partner is not the most common form of this kind of theft, misappropriation in its various forms is a significant issue in the American business community. The Congressional Research Service estimated in April 2016 that “U.S. companies annually suffer billions of dollars in losses due to the theft of their trade secrets.” In 2013, then-U.S. Attorney General Eric Holder reportedly stated that “there are only two categories of companies affected by trade secret theft: those that know they've been compromised and those that don't know yet.” In fact, in an editorial in Politico earlier this year, U.S. Senators Orrin Hatch (R-UT) and Chris Coons (D-DE) estimated that “trade secrets are worth $5 trillion to the U.S. economy.”
Despite the scale of this issue, prior to May 11, 2016, companies could only enforce their trade secrets rights through state laws and in state court. There was no federal cause of action for trade secret appropriation. This changed on May 11, 2016, however, when the President signed the Defend Trade Secrets Act (DTSA) (which became effective that day).
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.