Latest Jenamaccabe Podcast Episodes
Episode 36: “Avoided Costs” as Damages and The Protecting American Intellectual Property Act of 2021
Trade Secret Law Evolution Podcast - May 11, 2021 13:27 - 20 minutes ★★★★★ - 21 ratingsIn 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 c...
Episode 35: Sabotage as Misappropriation and Surviving Summary Judgment
Trade Secret Law Evolution Podcast - April 13, 2021 15:34 - 11 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - March 18, 2021 15:24 - 24 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - February 16, 2021 10:00 - 34 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - January 13, 2021 17:26 - 18 minutes ★★★★★ - 21 ratingsIn 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 act...
Episode 31: Year in Review
Trade Secret Law Evolution Podcast - December 14, 2020 19:29 - 35 minutes ★★★★★ - 21 ratingsThis 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. Cer...
Episode 30: Sufficiently Identifying Trade Secrets to Avoid Summary Judgment, Factors Relevant to Customer Data as Trade Secrets
Trade Secret Law Evolution Podcast - November 23, 2020 21:19 - 29 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - October 18, 2020 23:52 - 30 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - September 23, 2020 16:20 - 19 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - August 25, 2020 23:39 - 14 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - July 30, 2020 19:07 - 14 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - July 15, 2020 17:03 - 14 minutes ★★★★★ - 21 ratingsIn 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
Trade Secret Law Evolution Podcast - June 22, 2020 09:00 - 13 minutes ★★★★★ - 21 ratingsIn 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 ...
Episode 23, Quarantine Edition: The 11th Circuit Breaks Down Improper Means and Misappropriation of Compilations
Trade Secret Law Evolution Podcast - June 01, 2020 16:37 - 21 minutes ★★★★★ - 21 ratingsIn 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...
Episode 22: Quarantine Edition - Trade Secret Ownership, Pleading Misappropriation and Inevitable Disclosure
Trade Secret Law Evolution Podcast - May 06, 2020 00:18 - 15 minutes ★★★★★ - 21 ratingsAshley 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 Attenda...
Episode 21: Quarantine Edition – Subject Matter Jurisdiction under the Defend Trade Secrets Act, Distinguishing Trade Secrets from Other Stolen Information, and “Indirect” Misappropriation
Trade Secret Law Evolution Podcast - April 15, 2020 20:38 - 15 minutes ★★★★★ - 21 ratingsIn 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 podca...
Episode 20: Forging On, Trade Secret Protection for a Remote Workforce, and “High Level” Trade Secret Identification
Trade Secret Law Evolution Podcast - March 30, 2020 13:58 - 16 minutes ★★★★★ - 21 ratingsIn 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...
Episode 19: What You Need for a Preliminary Injunction, and Trade Secret Protection for Cannabis Companies
Trade Secret Law Evolution Podcast - March 11, 2020 17:11 - 11 minutes ★★★★★ - 21 ratingsIn 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...
Episode 18: The Value of Explaining What Your Trade Secret Does, Reasonable Efforts to Maintain Secrecy and “Improper Means”
Trade Secret Law Evolution Podcast - February 26, 2020 12:32 - 14 minutes ★★★★★ - 21 ratingsIn 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 CL...
Episode 17: Identifying Trade Secrets for an Injunction, Inevitable Disclosure and Preemption Issues
Trade Secret Law Evolution Podcast - February 12, 2020 13:00 - 15 minutes ★★★★★ - 21 ratingsIn 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 ...
Episode 16: California CLE Eligibility, the Tangibility of a Trade Secret, How Fast to Cut off Terminated Employee Access and More
Trade Secret Law Evolution Podcast - January 29, 2020 20:57 - 19 minutes ★★★★★ - 21 ratingsIn 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...
Episode 15: What Constitutes a Trade Secret, the Meaning of Misappropriation, and Uniform Trade Secret Act ‘Preemption’.
Trade Secret Law Evolution Podcast - January 15, 2020 02:13 - 18 minutes ★★★★★ - 21 ratingsWe’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 ...
Episode 14: The Year in Review
Trade Secret Law Evolution Podcast - December 19, 2019 20:07 - 35 minutes ★★★★★ - 21 ratingsIn 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 jurisdiction...
Episode 13: Lettuce, Baseball and Circumstantial Evidence
Trade Secret Law Evolution Podcast - December 04, 2019 02:59 - 20 minutes ★★★★★ - 21 ratingsIn this episode, we discuss what constitutes a trade secret and how it can be a combination of public and proprietary elements. We also address the value of circumstantial evidence in these cases. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be is...
Episode 12: Focusing Trade Secret Identification and Whether After-the-Fact Protections Work
Trade Secret Law Evolution Podcast - November 19, 2019 02:00 - 14 minutes ★★★★★ - 21 ratingsIn this episode, we discuss two more cases that develop the key issue of trade secret identification, and a case addressing whether after-the-fact conduct can constitute reasonable measures to maintain secrecy. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance w...
Episode 11: Major Decision on Statute of Limitations, the Continuing Evolution of Trade Secret Identification, and Protecting Your Trade Secrets in Public Proceedings
Trade Secret Law Evolution Podcast - November 07, 2019 08:15 - 24 minutes ★★★★★ - 21 ratingsIn this episode, we welcome employment counseling attorney Vanessa Krumbein as co-host, and address a major case from the California Court of Appeal on statute of limitations. We also discuss trade secret identification in the context of a high-profile criminal case, and how to protect trade se...
Episode 10: The Fact-Intensive Nature of Trade Secret Cases
Trade Secret Law Evolution Podcast - October 23, 2019 22:52 - 10 minutes ★★★★★ - 21 ratingsIn this episode, we discuss how some of the most fundamental issues in trade secret cases—including whether something constitutes a trade secret, whether the owner’s investment in the information at issue was significant enough, and whether secrecy protections were reasonable—can be fact-intensi...
Episode 09 (Bonus Episode): Trade Secret or Patent Protection?
Trade Secret Law Evolution Podcast - October 23, 2019 22:44 - 24 minutes ★★★★★ - 21 ratingsIn this episode, we discuss the differences between trade secrets and patents and what businesses should consider in choosing which protection to implement. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for...
Episode 08: Preemption, Proving Likelihood of Success After Unauthorized Mass Download, Federal Subject Matter Jurisdiction and Pre-DTSA Misappropriation
Trade Secret Law Evolution Podcast - October 11, 2019 19:53 - 25 minutes ★★★★★ - 21 ratingsIn this episode, we discuss preemption of claims based on trade secret theft, how to establish likelihood of success to obtain injunctive relief following an unauthorized mass download of company information, the Defend Trade Secrets Act’s subject matter jurisdiction requirement, and DTSA violat...
Episode 07: Soaring Litigation Costs, What to do About it, Proving That Your Asset is a Trade Secret, and Keeping it That Way
Trade Secret Law Evolution Podcast - September 26, 2019 15:30 - 37 minutes ★★★★★ - 21 ratingsIn this episode, we discuss the increasing cost of trade secret litigation and what do to about it, how to establish that your asset is a trade secret and how to keep that status, a damages theory, and the choice between trade secret and patent protection. This podcast is eligible for CA self...
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