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 secret laws

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updated Sun. March 25, 2018

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In a ruling on Thursday (22 March), the European Court of Justice stated that the results of the infamous 'trilogue' meetings that decide Eu laws are a "decisive' stage of EU law-making and should be made public on demand. Trilogues constitute a "decisive stage in the legislative process, which ...
17-0939 WHA, which went to trial in February of this year. The case settled after four days of trial. The Recorder recently published an article on other aspects of trade secret law in Waymo v. Uber by Max's colleagues, Karen Dunn and Meredith Dearborn, titled "Protecting Trade Secrets and Prevent ...

... of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for trade secret theft, protections for whistleblowers, and new remedies (e.g., ex parte seizure of property), that were not previously available under state trade secret laws. Fraud
A favorable … decision on the merits of our motion would help inform the public about the scope of government surveillance and help curb the spread of secret law." The immediate question is whether or not the clinic has a right to bring a claim to the lower court -- that is, whether they have legal standing. FISA
China saw significant developments in trade secret law in 2017. The new Anti-Unfair Competition Law substantially strengthens trade secret protection in the civil and administrative proceedings. A series of high-profile trade secret cases demonstrated that rights owners are taking trade secret ...

We've called this practice "secret law." Each time this happens, the government further damages the public trust necessary for the government, and in particular intelligence agencies, to function. One need look no further than when the massive surveillance dragnet of millions of Americans' phone ... The White House
Did you know we have secret laws? Not just secret from the American people, but secret from everyone, except for the President and a select few. No votes in Congress, no committee meetings, no blue ribbon panels, no congressional hearings, just the President's John Hancock on the bottom -- and ...
This week, three national security committees are "marking up" drafts of their annual bills. Based on the early drafts (the "Chairman's marks"), this year will likely see Congress continuing to write Public Law provisions creating secret law at an historically high tempo. Last year on Lawfare, I summarized ...
Secret law persists even in areas where we thought the secrecy had ended. Although President Obama is often credited for releasing controversial memos written by the Justice Department's Office of Legal Counsel under the Bush administration -- such as the infamous "torture memos" -- new data ... Government
... of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for trade secret theft, protections for whistleblowers, and new remedies (e.g., ex parte seizure of property), that were not previously available under state trade secret laws. Government
Keith Nakatani, Oil and Gas Program Manager, Clean Water Action said: “The oil and gas industry has hidden behind trade secret laws to avoid telling Californians what chemicals are in the wastewater that is being used to irrigate our crops. We have no idea whether the practice is safe, so public health ... Government
More than 50 years ago, Justice Roger Traynor of the California Supreme Court held that covenants not to compete are enforceable if they are “necessary to protect the employer's trade secrets.” This exception for trade secrets sets up one of the most important fault lines in California trade-secret law today. Government
While the DTSA does not replace state trade secret law claims, there are important distinctions and differences between the DTSA and state law. Trade secret litigation had previously been a matter of state law. Federal jurisdiction was only available to diverse parties, or when another claim provided the ... Government
Does trade secret law effectively squelch the free market for top engineers in much the same was as South Dakota non-compete law did? Does it harm the small for the benefit of the big? ... Trade secret laws prevent that advancement of science and technology. The decision whether to secure technology ... Government
One moment, presiding judge William Alsup was outlining trade secret law to the jurors; the next, lawyers were bickering over whether they could show the legendary "greed is good" scene from the Michael Dogulas film "Wall Street" in court, or debating the philosophical nature of "cheat codes" with ousted ... Government
Notably, the DTSA does not preempt state trade secret laws. This is of particular importance in California, which handles more trade secret cases than any other state. (See David S. Almeling et. al., A Statistical Analysis of Trade Secret Litigation in State Courts (2011) 46 Gonz. L. Rev. 57, 74.) The ideal for ... Government

Law360 (February 2, 2018, 4:10 PM EST) -- The year 2017 brought significant developments in trade secret law, both in the U.S. and abroad. The federal Defend Trade Secrets Act, signed into law in 2016, continues to be the source of the most significant developments in U.S. trade secret law, as courts and litigants begin to ... Government
NDAs also attempt to expand the definitions of secrecy to cover more information than the traditional bounds of trade secret law, in effect preventing an .... Trade secret laws have already balanced the trade-offs inherent in fencing some types of information; these laws have weighed the risks and benefits, ... Government
China saw significant developments in trade secret law in 2017. The new Anti-Unfair Competition Law substantially strengthens trade secret protection in the civil and administrative proceedings. A series of high-profile trade secret cases demonstrated that rights owners are taking trade secret more ... Government
China saw significant developments in trade secret law in 2017. The new Anti-Unfair Competition Law substantially strengthens trade secret protection in the civil and administrative proceedings. A series of high-profile trade secret cases demonstrated that rights owners are taking trade secret more ... Government
In part 1 of this series, I looked at risks associated with loss of trade secrets; part 2 highlighted trade secret laws, including the recent DTSA Federal law (Defense of Trade Secrets 2016). In this post, I will look at the root causes of several high profile breaches. These are different from the usual reported PII ... Government
... you to implement confidentially procedures to keep the material secret. Once the information you are attempting to protect with a trade secret becomes public, it will no longer be protected by trade secret law. More details on trade secret protection can be found in our corresponding article on trade secrets. Government
The year 2017 brought significant developments in trade secret law, both in the U.S. and abroad. The federal Defend Trade Secrets Act, signed into law in 2016, continues to be the source of the most significant developments in U.S. trade secret law, as courts and litigants begin to grapple with its ... Government
Trade secret law applies to cake designs only when it is private and not disclosed to the public. Even though the design may look simple, it can have non-obvious concepts that the chef doesn't want to make available to the public. The baker should have the right to protect the design under trade secret law ... Government
We've called this practice “secret law.” Each time this happens, the government further damages the public trust necessary for the government, and in particular intelligence agencies, to function. One need look no further than when the massive surveillance dragnet of millions of Americans' phone records ... Government
Did you know we have secret laws? Not just secret from the American people, but secret from everyone, except for the President and a select few. No votes in Congress, no committee meetings, no blue ribbon panels, no congressional hearings, just the President's John Hancock on the bottom — and it's ... Government
This week, three national security committees are “marking up” drafts of their annual bills. Based on the early drafts (the “Chairman's marks”), this year will likely see Congress continuing to write Public Law provisions creating secret law at an historically high tempo. Last year on Lawfare, I summarized the ... Government
The current extraterritorial reach of U.S. trade secret law may seem ironic given trade secret law's “local” roots. In the United States, common law trade secret principles emerged through a diverse patchwork of state court decisions addressing local commercial disputes. These local common law principles ... Government
The most important is the critically important distinction between sources and methods, which were revealed in the Nunes memo, and secret law. Sources and methods are techniques related to collecting truly sensitive information, the kind of information that if it is revealed, will truly harm national security or ... Government
With respect to customer lists, courts often use the “five-column” rule of thumb: if the customer list contains fewer than five categories of information about each customer, it may not be detailed enough to warrant protection under trade secret laws. Such columns might include, in addition to names and ... Government
A manufacturer of solar inverter components, MAGicALL, has accused its former customer Advanced Energy Industries of stealing trade secrets and violating non-disclosure agreements relating to MAGicALL's product designs. Trade secret law protects companies against the misappropriation of valuable ... Government
... an outside vendor to perform the work in a “clean room” environment (a term borrowed from semiconductor processing, where particle contamination is strictly controlled), with nothing to refer to but the product itself. Reverse engineering may sound good, but as in so many other areas of trade secret law, ... Government
Likewise, trade secret law would not have protected the recording in Johnny Stewart Game Calls. In other words, while a business could go to common law unfair competition to protect its investments in intellectual capital, now it cannot. So what do you do? You can often take extra measures in either your ... Government
What is Benson's secret Law & Order: SVU season 19 episode 7 is being billed as an “exceptional episode” of the show. While NBC does hype ... Government
... before a lawsuit arises to ensure that crown jewel information has been protected appropriately as required by trade secret laws. During trial ... Government
“Secret law is incompatible with democracy and uncovering classified court rulings [are] key to rolling back government spy programs that ... Government
So this whole notion of secret law disturbs people, it doesn't seem like what a democracy would do. But in fact, advice is often given in secret.”. Government
Some non-compete legislation includes provisions to update the state's trade secret laws. Martha Coakley, the former attorney general and ... Government
Google spin-off Waymo sued Uber and Ottomotto for violations of federal and state trade secret laws and patent infringement. The case centers ... Government
... and House lawmakers are pushing legislation to abolish trade secret laws keeping information about economic development contracts with ... Government
Bill Reforms FISA Sec. 702 to Protect Americans' Security and Liberties, Reduce Secret Law and Focus Spy Program on Foreign Threats. Government
... was “unprecedented and unconstitutional,” and that it “Interferes with the federal patent and trade-secret laws, deprives manufacturers of their ... Government
We've called this practice “secret law.” Each time this happens, the government further damages the public trust necessary for the government, ... Government
Trade secret laws protect information that: (1) derives independent economic value from not being generally known or readily ascertainable; ... Government
Trade secret law, however, does nothing to prevent competitors from reverse engineering or independently developing the product or invention ... Government
Did you know we have secret laws? Not just secret from the American people, but secret from everyone, except for the President and a select ... Government
NLRB, the Supreme Court observed that these provisions reflect a “strong congressional aversion” to “secret law,” and it held that they require ... Government
Last year on Lawfare, I summarized the legislative component of my 2015 general study of secret law as a three-branch phenomenon. Government
The current extraterritorial reach of U.S. trade secret law may seem ironic given trade secret law's “local” roots. In the United States, common ... Government


 

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