Trade Secret Law Evolution Podcast
64 episodes - English - Latest episode: 13 days ago - ★★★★★ - 21 ratingsGreenberg Traurig’s Trade Secret Law Evolution Podcast strives to offer business leaders, in-house counsel, and entrepreneurs an easily digestible and quick analysis of the most current developments in trade secret law. In episodes short enough for a morning commute, host Greenberg Traurig Shareholder Jordan Grotzinger summarizes key cases and trends, providing takeaways on trade secret protection. Each episode will address recent developments occurring since the previous episode, to help you stay current on trade secret law and trends as you work to protect your company’s most valuable assets.
This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for guidance on their rules and regulations as it relates to self-study credit.
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Episodes
Episode 63: Federal Subject Matter Jurisdiction, Trade Secret Ownership and Presumed Injunctive Relief
April 11, 2024 22:39 - 13 minutes - 30.3 MBIn this episode, Jordan discusses how to plead (and not to plead) subject matter jurisdiction under the federal Defend Trade Secrets Act, the requirement of trade secret ownership, and whether injunctive relief is presumed once the plaintiff proves misappropriation.
Episode 62: Non-Compete Agreements in Missouri and a New Preemption Case
February 25, 2024 18:26 - 16 minutes - 18.5 MBIn this episode, Jordan discusses how Missouri treats the hot topic of non-compete agreements, and a recent District Court case in California on preemption.
Episode 61: Year in Review
February 01, 2024 01:57 - 25 minutes - 29.1 MBJordan and GT Boston Shareholder Greg Bombard break down 2023’s trends and key cases in trade secret law.
Episode 60: Two States’ Approaches to Preemption
December 19, 2023 13:00 - 15 minutes - 17.2 MBIn this episode, Jordan discusses Minnesota’s and Texas's differing approaches to the doctrine of preemption as explained in two recent cases.
Episode 59: A Federal Judge’s Wisdom and Tips on Trade Secret Cases
November 03, 2023 16:29 - 50 minutes - 57.9 MBThis week, Jordan and co-host Gregory Bombard interview United States District Judge William G. Young, one of the most distinguished jurists on the federal bench. He sat down with us for an enlightening discussion on issues he’s addressed in trade secret cases, including trade secret identification, how to protect trade secrets in court proceedings, and his views on arbitration versus trial. He even shares a little poetry.
Episode 58: How the FBI Foiled a Conspiracy to Steal Agricultural Trade Secrets
October 25, 2023 00:32 - 46 minutes - 52.9 MBJordan Grotzinger and guest Michael Stimson, Vice President of Intellectual Property and General Counsel for Sun World International, LLC, discuss Michael's involvement in the DuPont Pioneer/Monsanto criminal case, which started when a contract farmer discovered someone digging on his property who then fled.
Episode 57: Takeaways from Trade Secret IP Protection & Litigation - Boston
September 26, 2023 11:05 - 48 minutes - 54.9 MBIn this episode, Jordan and GT Shareholder, trade secret lawyer and returning co-host Greg Bombard discuss the 2023 Global IP Strategy Hub’s Trade Secret IP Protection & Litigation: Boston conference, including key takeaways.
Episode 56: Device Turnover Orders
August 02, 2023 23:06 - 23 minutes - 27 MBIn this episode, Jordan and GT Dallas Shareholder Bill Stark discuss “DTOs” (device turnover orders), how to get them and their impact on trade secret litigation.
Episode 55: Trade Secret Identification at Trial and Avoided Cost Damages
June 23, 2023 12:36 - 17 minutes - 20.1 MBIn this episode, Jordan discusses a recent Second Circuit opinion that addressed how to sufficiently identify trade secrets at trial and analyzed when avoided cost unjust enrichment damages are appropriate.
Episode 54: Reconciling Vicarious Liability Principles with Indirect Misappropriation Requirements
May 03, 2023 17:00 - 24 minutes - 27.6 MBIn this episode, GT litigator Jonathan Widjaja joins Jordan for a deep dive into how courts reconcile general agency principles with statutory requirements for indirect misappropriation, that is, liability for misappropriation based on the conduct of another. Jon also shares an interesting “fun fact.”
Episode 53: Pleading on “Information and Belief” and the Time Period for which Damages are Recoverable
March 09, 2023 20:46 - 25 minutes - 29.7 MBIn this episode, Los Angeles Shareholder Blakeley Oranburg and Jordan discuss an Eight Circuit case that addresses pleading trade secret misappropriation claims on “information and belief,” and case out of the Southern District of Ohio that explains the time period in which damages for trade secret misappropriation are recoverable.
Episode 52: Year in Review
February 01, 2023 01:03 - 38 minutes - 44 MBIn this episode, Boston shareholder Greg Bombard returns to discuss GT’s 2022 trade secret Year in Review, and some highlights from last year’s cases.
Episode 51: The Sixth Circuit Analyzes Key Concepts in Trade Secret Law in Affirming Major Jury Verdict
November 30, 2022 23:07 - 32 minutes - 37.5 MBIn this episode, Jordan and fellow IP litigator Layal Bishara discuss the Sixth Circuit’s deep dive into identification of combination trade secrets, proper measures of damages, and what it means to willfully misappropriate.
Episode 50: TSLE Celebrates 50
October 26, 2022 15:54 - 31 minutes - 36 MBIn this episode, Bina Palnitkar and Jordan Grotzinger discuss the Northern District of Illinois’ deep dive into what it takes to properly plead misappropriation and inevitable disclosure, and address the preemption doctrine. They’re also joined by GT’s very own Brian Duffy, the firm’s CEO, who invented the “interesting fact” segment of the podcast and shares his own interesting fact.
Episode 49: The Seventh Circuit Addresses Trade Secret Identification and Proof of Misappropriation
September 06, 2022 09:00 - 29 minutes - 30.2 MBIn this episode, Jordan and Boston Shareholder Greg Bombard discuss the Seventh Circuit’s recent opinion in a case involving hydraulic actuator technology. The Court of Appeal addressed the critical issue of trade secret identification and analyzed whether the proof of misappropriation in this case was sufficient to survive summary judgment.
Episode 48: The Tenth Circuit Addresses Causation, Exemplary Damages and Attorneys Fees under the Uniform Trade Secrets Act
July 29, 2022 09:00 - 22 minutes - 25.4 MBIn this episode, Dallas Shareholder Bina Palnitkar joins Jordan to discuss the Tenth Circuit’s recent decision affirming a judgment in a trade secret case, which analyzes issues of causation, exemplary damages and attorney fee awards under the Uniform Trade Secrets Act.
Episode 47: The Fine Line Between Lawful Notification and Unlawful Solicitation, and Injunction Specificity
June 09, 2022 16:48 - 21 minutes - 24.3 MBIn this episode, shareholder Jennifer Surprenant joins Jordan for a discussion of cases addressing the difference between lawfully notifying others about a new job for a competing business and unlawful solicitation of potential customers or clients. We also address the specificity required for injunctions against trade secret misappropriation, and courts’ differing standards on this issue.
Episode 46: Reconciling Trade Secret Law with Public Records Acts, Trade Secret Identification and Supersession
April 28, 2022 01:50 - 22 minutes - 25.5 MBIn this episode, we discuss how one state’s Public Records Act is reconciled with trade secret protections. We also address trade secret identification at pleadings, and a recent decision interpreting the supersession doctrine.
Episode 45: “The Head Follows the Heart” – Building a Case from Suspicion to Seven-Figure Jury Verdict
March 24, 2022 14:13 - 33 minutes - 37.9 MBIn this episode, Jordan’s partner Rich McCrea discusses a unique trade secret case from inception to verdict, including methodically developing proof, picking the right jury and trial themes.
Episode 44: Lessons in Proof from a Recent Summary Judgment Case
February 24, 2022 19:18 - 13 minutes - 15.1 MBIn this episode, we discuss a grant of summary judgment against a trade secret misappropriation claim, and some important lessons on proving misappropriation and damages.
Episode 43: The Thrill of Fishing Coordinates and the Agony of Marginal Costs
January 21, 2022 20:44 - 19 minutes - 22.1 MBWe’re back for our fourth year and discuss proper venue for prosecution of criminal trade secret theft of fishing coordinates, and what kinds of costs must be deducted to calculate lost profit damages in trade secret misappropriation cases.
Episode 42: 2021 Year in Review
December 13, 2021 00:10 - 40 minutes - 46.6 MBJordan Grotzinger and Charles Feigelstock break down the highlights of 2021 in TSLE’s third Year in Review.
Episode 41: Preemption and the Risk of “Shotgun” Pleadings, and the Showing Required for Sealing Trade Secrets in Court Records
October 26, 2021 16:00 - 17 minutes - 19.8 MBIn this episode, we address the doctrine of “preemption,” or supersession, under the California Uniform Trade Secrets Act, and specifically how a “shotgun” pleading of related claims can result in preemption. We also discuss a court decision explaining the showing needed to have trade secret information in court papers filed under seal.
Episode 40: A Deep Dive Into the Trade Secret Misappropriation Statute of Limitations
September 22, 2021 16:18 - 18 minutes - 20.6 MBIn this episode, we discuss the Sixth Circuit’s recent analysis of the statute of limitations for trade secret misappropriation claims, including the concept of continuing misappropriation.
Episode 39: Proving “Compilation” Trade Secrets and Damages After a Preliminary Injunction
August 24, 2021 14:40 - 15 minutes - 18.2 MBIn this episode, we examine how a plaintiff proved the existence of a “compilation” trade secret in a trial resulting in an eight-figure verdict, and the issue of how a preliminary injunction in a trade secret case affects the plaintiff’s claims for damages.
Episode 38: President Biden’s Executive Order on Competition and the Meaning of “Use” under the Defend Trade Secrets Act
July 21, 2021 14:49 - 23 minutes - 26.5 MBIn this episode, we discuss President Biden’s July 9, 2021 Executive Order, “Promoting Competition in the American Economy,” and what it means for trade secret protection. We also unpack the definition of “use” of trade secrets under the Defend Trade Secrets Act.
Episode 37: The Supreme Court Interprets the Computer Fraud and Abuse Act, and the Latest on the China Initiative
June 09, 2021 17:48 - 22 minutes - 25.3 MBIn the month that marks our two year anniversary, we welcome back guest Todd Pickles, and discuss a recent Supreme Court opinion that clarifies the reach of the Computer Fraud and Abuse Act and the opinion's impact on trade secret cases. We also continue our discussion of the China Initiative and its progress in the Biden Administration.
Episode 36: “Avoided Costs” as Damages and The Protecting American Intellectual Property Act of 2021
May 11, 2021 13:27 - 20 minutes - 23.4 MBIn this episode, we discuss an informative analysis in the Southern District of New York of so-called “avoided costs” as damages for trade secret misappropriation, and the bi-partisan Protecting Intellectual Property Act of 2021 which, according to a sponsor, “draws a line in the sand” when it comes to foreign actors stealing trade secrets from American companies.
Episode 35: Sabotage as Misappropriation and Surviving Summary Judgment
April 13, 2021 15:34 - 11 minutes - 12.8 MBIn this episode, we discuss how sabotage can constitute misappropriation of trade secrets, and the challenges of obtaining summary judgment in trade secret cases.
Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act
March 18, 2021 15:24 - 24 minutes - 27.9 MBIn this episode, Jordan Grotzinger and co-host Justin Victor discuss two recent Delaware cases that address what law and venue to choose for trade secret litigation, courts’ differing policies on enforcing such agreements, and preemption by the Uniform Trade Secrets Act.
Episode 33: An Overview of Forensic Investigations with Expert Jim Vaughn
February 16, 2021 10:00 - 34 minutes - 39.2 MBIn this episode, we discuss the logistics of forensic investigations, a key process in trade secret cases, with expert Jim Vaughn of iDiscovery Solutions.
Episode 32: Preemption by the UTSA, Compilations as Trade Secrets, and the Ninth Circuit’s Decision on Pre-DTSA Enactment Disclosures
January 13, 2021 17:26 - 18 minutes - 21 MBIn this episode, we welcome you to Season 3 of the podcast, and discuss preemption under the Uniform Trade Secrets Act, the increasingly important issue of compilations as a trade secret, and the Ninth Circuit’s decision on an issue of first impression – whether pre-enactment disclosures are actionable under the Defend Trade Secrets Act.
Episode 31: Year in Review
December 14, 2020 19:29 - 35 minutes - 40.9 MBThis episode is our second annual year-in-review discussion. We address handling trade secrets while working remotely, surviving summary judgment and more. We’ll be back in January, and wish everyone safe, healthy and happy holidays. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Com...
Episode 30: Sufficiently Identifying Trade Secrets to Avoid Summary Judgment, Factors Relevant to Customer Data as Trade Secrets
November 23, 2020 21:19 - 29 minutes - 33.4 MBIn this episode, we discuss a recent Ninth Circuit case that addressed the level of trade secret identification necessary to survive summary judgment. We also discuss factors relevant to whether customer data are trade secrets.
Episode 29: Criminal Enforcement of Trade Secret Protection
October 18, 2020 23:52 - 30 minutes - 21 MBIn this episode, we address for the first time the criminal enforcement of trade secret protection, including related geopolitical issues, trends and the overlap with civil cases.
Episode 28: Agency, Indirect Misappropriation and Intrinsic Knowledge as a Trade Secret
September 23, 2020 16:20 - 19 minutes - 13.5 MBIn this episode, we discuss agency liability in the trade secret misappropriation context, the doctrine of indirect misappropriation, and intrinsic knowledge as a trade secret.
Episode 27: Attorneys’ Fees in Trade Secret Cases, Filing Under Seal and Challenges in Obtaining a TRO
August 25, 2020 23:39 - 14 minutes - 10.2 MBIn this episode, we discuss the showing that’s required to obtain attorneys’ fees in a trade secret case, what you must establish to file documents under seal, and challenges in obtaining temporary restraining orders.
Episode 26: Extraterritorial Application of Trade Secret Law and Proving What Constitutes a Trade Secret
July 30, 2020 19:07 - 14 minutes - 9.68 MBIn this episode, we discuss how and when trade secret law applies to conduct abroad, and tips on how to prove your confidential material constitutes a trade secret.
Episode 25: Trade Secrets Subsumed in a Patent, Claims for Misappropriation Before DTSA’s Enactment, and the Economic Loss Rule
July 15, 2020 17:03 - 14 minutes - 10.1 MBIn this episode, we discuss the effect of a trade secret subsumed within a parent, the viability of claims under the Defend Trade Secrets Act for misappropriation before its enactment, and the application of the economic loss rule to trade secret cases.
Episode 24: Examining Trade Secret Identification at the Summary Judgment Stage, and the Podcast’s One Year Anniversary
June 22, 2020 09:00 - 13 minutes - 8.97 MBIn this episode, we address a decision out of the Northern District of Illinois that examines the “do’s and don’t’s” of trade secret identification at the summary judgment stage, and we celebrate our one year anniversary. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for gu...
Episode 23, Quarantine Edition: The 11th Circuit Breaks Down Improper Means and Misappropriation of Compilations
June 01, 2020 16:37 - 21 minutes - 14.4 MBIn this episode, we discuss the 11th Circuit’s deep dive into “improper means” and the misappropriation of compilations that include public information. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for guidance on their rules and regulations as it relates to self-study cr...
Episode 22: Quarantine Edition - Trade Secret Ownership, Pleading Misappropriation and Inevitable Disclosure
May 06, 2020 00:18 - 15 minutes - 10.9 MBAshley Farrell Picket rejoins us remotely to discuss the important of trade secret ownership for Defend Trade Secret Act cases, and how to plead misappropriation and inevitable disclosure where that theory applies. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for guidance ...
Episode 21: Quarantine Edition – Subject Matter Jurisdiction under the Defend Trade Secrets Act, Distinguishing Trade Secrets from Other Stolen Information, and “Indirect” Misappropriation
April 15, 2020 20:38 - 15 minutes - 10.6 MBIn this episode, we discuss a recent District Court interpretation of subject matter jurisdiction under the Defend Trade Secrets Act, pleading misappropriation without establishing that all stolen information constitutes a trade secret, and how to plead “indirect” misappropriation. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdiction...
Episode 20: Forging On, Trade Secret Protection for a Remote Workforce, and “High Level” Trade Secret Identification
March 30, 2020 13:58 - 16 minutes - 11.2 MBIn this episode, we forge on remotely. We address how the COVID-19 crisis affects trade secret protection, and a case from the Northern District of California ruling on “high level” trade secret identification and what constitutes acquisition by improper means. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact you...
Episode 19: What You Need for a Preliminary Injunction, and Trade Secret Protection for Cannabis Companies
March 11, 2020 17:11 - 11 minutes - 7.64 MBIn this episode, we revisit the coffee extract case and address the Court’s analysis of the plaintiff’s motion for a preliminary injunction. We also discuss a bill that would provide trade secret protection for cannabis companies in Maine. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board o...
Episode 18: The Value of Explaining What Your Trade Secret Does, Reasonable Efforts to Maintain Secrecy and “Improper Means”
February 26, 2020 12:32 - 14 minutes - 10.2 MBIn Episode 18, we discuss how explaining what your trade secret does can bolster your trade secret identification, along with reasonable efforts to maintain secrecy and how they help to establish “improper means” for purposes of misappropriation. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE...
Episode 17: Identifying Trade Secrets for an Injunction, Inevitable Disclosure and Preemption Issues
February 12, 2020 13:00 - 15 minutes - 10.5 MBIn this episode, we discuss how to (or how not to) define trade secrets in an injunction proceeding, the Inevitable Disclosure doctrine, and preemption under the California Uniform Trade Secrets Act, including whether it can apply when the plaintiff has not asserted a trade secret claim. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdi...
Episode 16: California CLE Eligibility, the Tangibility of a Trade Secret, How Fast to Cut off Terminated Employee Access and More
January 29, 2020 20:57 - 19 minutes - 13.2 MBIn this episode, we announce our California CLE eligibility, and discuss cases that address how tangible a trade secret must be, how fast to cut off terminated employees’ access to confidential information and other issues. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for g...
Episode 15: What Constitutes a Trade Secret, the Meaning of Misappropriation, and Uniform Trade Secret Act ‘Preemption’.
January 15, 2020 02:13 - 18 minutes - 12.9 MBWe’re back for Season 2. In Episode 15, we discuss factors bearing on whether information is sufficiently ‘unknown’ to constitute a trade secret and examine the meaning of misappropriation. We also address the doctrine of trade secret ‘preemption.’ This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MC...
Episode 14: The Year in Review
December 19, 2019 20:07 - 35 minutes - 24.5 MBIn this episode, we recap useful decisions and takeaways from throughout the year. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for guidance on their rules and regulations as it relates to self-study credit.