July 17, 2019 | The Recorder
Using Anti-SLAPP Laws to Combat Trade Secret Claims: A Disappearing Mechanism?While the anti-SLAPP laws in some states have not had significant impact, others offer a pathway to early dismissal.
By Esha Bandyopadhyay, Matthew Berntsen and Meaghan Annett
7 minute read
July 15, 2019 | The Recorder
Trade Secret's Inherent Value Part 2: Trade Secret Reasonable RoyaltiesThis article considers an area in which differing perspectives on the fundamental goal of trade secret damages may lead to differing damages methodologies: reasonable royalty damages.
By Esha Bandyopadhyay and Kain Day
7 minute read
July 03, 2019 | The Recorder
Trade Secret's Inherent Value, Part 1: Avoided Costs and Trade Secret DamagesWhether damages should be directed at calculating the value of a trade secret or at calculating tangible losses incurred by the plaintiff is a fundamental issue tackled in a recent appellate decision out of New York.
By Esha Bandyopadhyay and Kain Day
6 minute read
June 21, 2019 | The Recorder
Implications of 'FMI v. Argus Media Leader' on Trade Secret LawThe Supreme Court's decision in 'FMI v. Argus Media Leader' will have important implications for companies' disclosed information. In fact, it may render certain information that would otherwise qualify as a trade secret under the Defend Trade Secrets Act obtainable under FOIA and therefore “readily ascertainable through proper means.”
By Esha Bandyopadhyay, Kain Day and Rose Sun
6 minute read