4/9/2026 5:40:09 PM To Apportion or Not Apportion Trade Secret Damages By Eugene Mar Trade secret holders, when it comes to damages, often face a dilemma. They believe they have been substantially harmed and want to seek...
4/1/2026 12:30:09 AM Recovering Avoided Costs as Damages (Part 2)? By Eugene Mar In my post from yesterday, I referred to a Tata Consultancy Services' trade secrets case where Tata is trying to get the unjust...
3/31/2026 1:45:08 AM Can Avoided Costs Be Another Form of Damages? By Eugene Mar Tata Consultancy Services (TCS) has asked the Supreme Court to weigh in on an issue that could have a profound effect on trade secret...
3/24/2026 12:45:37 AM Planting a "Honeypot" in Source Code? By Eugene Mar Fintech company MyCard Inc. dba as Knot filed an interesting and sprawling lawsuit against a competitor, Atomic F1. Of particular...
3/2/2026 6:50:37 PM Risk of Developing Your Own Competing Software to White-Labeled Software By Eugene Mar I recently posted about another case where a company that developed a white-label software platform for a customer later sued that...
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...