In a post last year, I proposed a solution for a recurring problem in trade secret litigation–namely, the situation where a former employee takes information but quickly regrets their conduct and looks for a way to resolve the dispute. As readers will recall, I proposed a “safe harbor” that would allow that former employee to provide disclosures and an injunction to address their former employer’s legitimate concerns. After my post, several colleagues, including my friends and fellow trade secret travelers Russell Beck and Mark Klapow, noted a potential dilemma for a trade secret owner. They suggested that I should consider a similar protection for plaintiffs whose suspicions about trade secret misappropriation never fully materialize or who face litigation costs that outstrip that litigation’s utility. To afford protection to those trade secret owners, this post proposes an “off ramp” procedure early in a trade secret dispute that would hopefully alleviate those situations.
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Join me at the AIPLA 2024 Trade Secret Summit in Santa Clara
Join me at The State Bar of Georgia ICLE – Restrictive Covenants and Trade Secrets Conference
Join me at the Ohio State Bar Association for “Trade Secret and Restrictive Covenant Law Year in Review”
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Five Lessons Trade Secret Defendants Can Learn from the Michigan Sign-Stealing Scandal
Ohio’s Supreme Court Ducks the Question of Whether “Mere Confidential Information” Is Protectable
Monthly Wrap Up (May 12, 2023): Noteworthy Trade Secret and Restrictive Covenant Decisions, Posts and Articles
Time to Amend the Defend Trade Secrets Act (Fairly Competing Episode 22)
Join me for “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act” at the ABA-IPL Section’s Annual Conference
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