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Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal
Intellectual property battles in technology are nothing new, but their nature might be shifting. These days, many of the big IP litigation battles involving companies such as Facebook (Zenimax Media Inc., et al v. Oculus VR Inc., et al), Uber (Waymo LLC v. Uber Technologies Inc., et al) and Epic (Epic Sys. Corp. v. Tata Consultancy Servs. Ltd., et al) have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.
Every company has trade secrets in some form, that “secret sauce” that separates a company's products and internal processes from those of a competitor. In the technology industry, however, the risks of compromising those secrets are higher than ever before, in part because of the nature of computer code, but also the high level of access partners have to one another's systems.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.