Trade Secrets Case Watch

Dr. David Spiegel, a Yale University professor, developed a new approach to targeted protein degradation using MODA technology (bi-functional synthetic molecules for degrading extracellular proteins).

Protecting trade secrets in the beverage and food industry requires planning and forethought from the outset of product development. Attempting after the fact to plug the holes in the company’s safeguards can be the path to a very expensive failure. A recent case from Wisconsin provides a vivid example of what can go wrong.

The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former employee had copied and taken the files, because defendants had not failed to exercise reasonable diligence to uncover the alleged misappropriation.

This case is an important reminder that in trade secrets litigation, the specific business context is critically important and may be outcome determinative. Here, a closely held business was held to a much more lenient standard than most courts would have applied to a larger company

On July 1, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, positioning Florida as one of, if not the most, employer-friendly states in noncompete and garden leave agreement enforcement.