Protection of trade secrets
- Filter by
- Categories
- Tags
- Authors
- Show all
- All
- "Slots" Litigation in MD
- Book Reviews
- Commercial Litigation
- District of MD
- ESI
- Important Posts
- News Stories
- Social Media
- Software
- Uncategorized
- All
- Anecdote
- Citations
- Computer Usage Policies
- Conference of Parties
- Cooperation
- Costs
- Data Map
- Discoverability
- Ethics
- Evidence
- Evidence: Authentication
- Forensics
- FRCP 26(g)
- Historical Highlights
- history
- information governance
- Inherent power
- Litigation Hold: Proportionality
- Litigation Hold: Scope
- Litigation Hold: Trigger
- MD Rules v. Federal Rules of Civil Procedure
- Mediation
- Metadata
- Privilege
- Rules
- Sanctions
- Search
- Self Preservation
- Slots
- Summary Judgment
- Trade Secrets
- What is a Document?
November 20, 2022
Published by Michael Berman at November 20, 2022
Categories
A recent article in the American Bar Association’s Litigation magazine suggested that: Plaintiffs must ensure preservation of everything from the moment the problem is identified…. Even if the plaintiff hasn’t filed a lawsuit yet, consider a written instruction to the soon-to-be defendant to preserve everything…. The best way for the plaintiff to […]
November 11, 2022
Published by Michael Berman at November 11, 2022
Categories
In Advanced Magnesium Alloys Corp. v. Dery, 2022 WL 3139391 (S.D. Ind. Aug. 5, 2022), defendant, Alliance, agreed to search 159 terms. However, when it produced the text messages “hitting” those terms, plaintiff found the texts to be cryptic and asked for more texts to provide context. Alliance said – in my […]
April 1, 2022
Published by Michael Berman at April 1, 2022
Categories
The Sedona Conference has published its “Commentary on Protecting Trade Secrets Throughout The Employment Life Cycle” (March 2022). It is another excellent and authoritative work in its series on trade secret protection. See Sedona Conference Issues Commentary on Equitable Remedies in Trade Secret Litigation. The Commentary describes the protection problem as the […]
March 23, 2022
Published by Michael Berman at March 23, 2022
Categories
This blog focuses on: authorities denying permission to redact irrelevant information from discoverable documents; a minority view to the contrary; and, a proposed solution using a Fed.R.Civ.P. 26(f) conference of the parties where appropriate. If a party foresees the need to redact irrelevant or confidential information from an otherwise discoverable document, the […]
March 17, 2022
Published by Michael Berman at March 17, 2022
Categories
Earlier this month, the Sedona Conference published its “Commentary on Equitable Remedies in Trade Secret Litigation” (Mar. 2022). The comprehensive Sedona Commentary offers five Principles and 24 Guidelines. Its premise is that: “Obtaining or resisting some form of equitable relief is a key component of many trade secret disputes, both at an […]
February 13, 2022
Published by Michael Berman at February 13, 2022
Categories
In Arconic Corp., et al, v. Novelis Inc., et al., 2022 WL 409488 (W.D. Pa. Feb. 10, 2022), the Court denied a recusal motion that was based on metadata contained in the Court’s order. Specifically, Arconic moved to recuse the Judge based on “author” and “date created” metadata. Arconic asserted that the metadata showed […]
August 30, 2021
Published by Michael Berman at August 30, 2021
Categories
Federal Rule of Evidence 502 was passed in 2008 by a unanimous vote in the Senate, overwhelmingly in the House, and signed by President George W. Bush. Anything with that degree of support has to be good and Rule 502 provides substantial and necessary benefits. An excellent publication describes the rule in […]
March 24, 2021
Published by Michael Berman at March 24, 2021
Categories
Misappropriation of trade secrets cases are increasingly digital. For example, a former employer may seek discovery of a new employer’s information. As discussed in “The Gang That Couldn’t Spoliate Straight,” forensic analysis is often necessary. Craig Ball’s post, “What’s in a Name (or Hash Value)?” discussed some forensic options. A recent American […]
March 7, 2021
Published by Michael Berman at March 7, 2021
Categories
Trade secret litigation invariably involves ESI. Craig Ball has written “What’s in a Name (or Hash Value)?,” discussing the use of hash values and file names in tracking down stolen data. In “The Gang That Couldn’t Spoliate Straight,” I discussed an order that the alleged wrongdoer preserve ESI and the potential issues […]
January 24, 2021
Published by Michael Berman at January 24, 2021
Categories
A few years ago, the Hon. Paul W. Grimm wrote: “At the end of the day, this is the case of the ‘gang that couldn’t spoliate straight.’” Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F.R.D. 497, 501 (D. Md. 2010). That description is equally applicable to the conduct that led to a […]