Today marks five years since the passage of the Defend Trade Secrets Act, which grants parties the right to pursue trade secret claims and damages in federal courts instead of only state courts. While damages available to a plaintiff under federal law are similar to damages under state law, Ocean Tomo Managing Director and financial […]
Trade Secrets
Ocean Tomo Releases Cannabis Industry Report
Earlier today, Ocean Tomo released its Cannabis Industry Report focused on the significant market opportunities and trends in this burgeoning industry. Attention is given to the increasing importance of intangible asset protection inherent in the complex cannabis marketplace. The development of the cannabis industry has been rapid, and with recent state legislative support, many competitors […]
When Is It Time to Harvest Trade Secrets?
There are opportune times to “harvest” — meaning, identify and inventory — trade secrets. If a company recognizes and takes advantage of those opportunities, then developing a robust trade secret portfolio should become considerably more manageable. For example, suppose that a company develops a product. Consistent with company policy and practice, the employees who developed […]
You Just Learned That Your Trade Secret Has Been Stolen; What Is The First Thing That You Should Do?
You protect your trade secrets. Nevertheless, you just learned that a former employee, who recently resigned, has stolen one of your trade secrets. What is the first thing that you should do? Immediately attempt to retrieve the trade secret. (Attempted retrieval should be the first step in the company’s trade secret misappropriation response protocol, which […]
Recent Trade Secret Symposium Confirmed That Trade Secrets Are The New Black And That Trade Secret Owners Now (Finally) Know It
Trade secret misappropriators — including cyber-thieves — have been ahead of the curve. For quite some time, they have appreciated just how valuable companies’ trade secrets are. Indeed, that is why they have been aggressively stealing those assets. Trade secret owners are finally catching up and catching on, in terms of measures to protect their […]
Inventoried Trade Secret Assets Can Lead To More Effective Cyber-Protection and More Commercial Opportunities
Cyber-protection, a.k.a., cyber-security is important because the stakes are so high. A successful cyber-attack, which results in the theft of trade secrets or other confidential data, can destroy trade secret rights, significantly disrupt an enterprise’s operations, undermine client confidence and negatively impact share price. Where the stakes are so high, so too are the opportunities. […]