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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.
“If I think about a car, as the end user or recipient of the car, you can use it without understanding all of the manufacturing processes that went into producing it,” Monica Greenberg, executive vice president of business affairs and general counsel at LivePerson, told our ALM sibling Legaltech News. “I think it's more common in the technology industry, particularly in cloud services, which LivePerson is, that the user — in this case, our customers or other third parties in the ecosystem — gain some level of exposure under a trusted relationship.”
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?