2/19/2026 8:25:08 PM Why Distinguishing Trade Secrets From Public Knowledge Matters By Eugene Mar As companies deploy AI-driven platforms, analytics systems, and data-powered services, much of their competitive advantage now lives in...
1/30/2026 2:30:38 AM Strategic Considerations for State v. Federal Trade Secret Claims By Eugene Mar When the Defend Trade Secrets Act (DTSA) was passed in 2016, it opened the doors in federal court to a federal cause of action for trade...
1/27/2026 11:55:07 PM Trade Secret Theft Arising Out of Customer-Vendor Relationship By Eugene Mar Some of the biggest headline trade secret cases with the biggest damages awards arise out of matters where a supplier alleges that a...
1/23/2026 12:00:38 AM The Classic “Email to Self” as Trade Secret Misappropriation By Dan Callaway A complaint alleging misappropriation of trade secrets must define the trade secrets specifically enough that the defendant knows what...
1/17/2026 3:50:37 AM Using TROs to Stop Trade Secrets from Being Given to Competitors By Eugene Mar I continue to see a wide range of cases across the country where courts are granting TROs and preliminary injunctions to prevent...
1/12/2026 9:15:38 PM Distinguishing Trade Secrets From What Is Publicly Known By Eugene Mar One of the challenges a trade secret holder needs to address in a trade secret litigation is to distinguish its trade secrets from what...
9/27/2024 11:31:30 PM Non-Competes Still Vary by States By Eugene Mar This case serves as a good reminder that non-competes are not dead in the U.S. Despite the publicity around the FTC's ban on non-competes...
8/22/2024 10:48:58 PM FTC Ban on Non-Competes On Hold By Eugene Mar Three lawsuits have challenged the FTC's authority to implement a nationwide ban on non-competes. Two of those lawsuits have succeeded...
8/21/2024 6:15:30 PM $2B Trade Secret Verdict Overturned on Causation By Eugene Mar This case in Virginia caught a lot of attention because Appian won a $2 billion verdict last year. The appeals court overturned the...
10/26/2023 12:01:00 AM AI and Trade Secrets: A Complicated Friendship By Eugene Mar Download a PDF of this piece Excitement has been growing for decades around the development, training, and use of generative AI, but this...
1/31/2023 10:14:00 PM Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets By Eugene Mar Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source...
1/31/2023 7:46:36 PM Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets By Eugene Mar Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source...
1/27/2023 11:37:00 PM How To Avoid Allegations of Trade Secret Misappropriation in California By Eugene Mar Raven Quesenberry Download a PDF of this piece When departing a company, an executive, founder, or employee with access to trade secrets or confidential...
1/18/2023 11:05:13 PM Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements By Eugene Mar Raven Quesenberry Rebecca Stephens The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts....
11/9/2022 7:43:22 PM How Companies Can Stop Trade Secret Disclosure in California By Eugene Mar Raven Quesenberry When an executive, founder, or employee with access to trade secrets or confidential information leaves a company to work elsewhere,...
10/5/2022 8:25:00 PM Protecting “What Not to Do” as a Negative Trade Secret By Eugene Mar Download a PDF of this piece “Negative trade secrets”—i.e., secret know-how about what does not work—are generally protectable in...