Jason Culotta

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Jason Culotta is an author for the Trade Secret Insider. He is a partner in the firm’s Labor & Employment Practice Group and practices from the New Orleans office. Mr. Culotta focuses on employment-related litigation, including non-compete and trade secret disputes. He can be reached at jculotta@joneswalker.com or 504.582.8177.

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Zooming In: How Using Zoom Improperly Can Destroy Trade Secret Protections

By Jason Culotta on Posted in NDAs, Trade Secret
In April, our editor, Joe Lavigne, explained how employers can ensure trade secret protections while allowing employees to work from home during the pandemic. The article advised employers to restrict the transmission of trade secrets through social media platforms like Zoom. A recent decision out of Delaware confirmed that the failure to use Zoom privacy … Continue Reading

AT&T Sues Consulting Firm for Trade Secret Theft and Breach of Contract

By Jason Culotta on Posted in NDAs, Trade Secret
AT&T Services, Inc. and its subsidiary, DirectTV, LLC (collectively, “AT&T”) sued Max Retrans, LLC (“Max Retrans”), a consulting company that works with local broadcasting companies to sell their content to Pay-TV service providers for re-broadcast. Background. Local broadcasting companies—like the local affiliates of ABC, FOX, CBS, and NBC—are licensed by the FCC to broadcast their television … Continue Reading

Supreme Court Expands Confidentiality Protections for Private Companies

By Thomas Hubert and Jason Culotta on Posted in Confidential Information, Public Records, Trade Secret
In Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that government agencies can withhold a private company’s records from public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”) if the company has treated the information as confidential and also received promises from the government agency to maintain the information’s … Continue Reading

Fifth Circuit Rules Louisiana Trade Secret Claim Does Not Preempt Claim For Conversion Of Confidential Info

By Jason Culotta on Posted in Confidential Information, Trade Secret
The Louisiana Supreme Court has not addressed whether a claim under the Louisiana Uniform Trade Secrets Act (LUTSA) precludes a claim for conversion of confidential information. But the U.S. Fifth Circuit recently did in  Brad Services, LLC v. Irex Corporation, No. 17-30660 (October 17, 2018), finding that these conversion claims are not preempted. Factual Background. Brad … Continue Reading

Tennessee Federal Court Refuses To Apply Inevitable Disclosure Doctrine

By Jason Culotta on Posted in Inevitable Disclosure Doctrine, Non-Compete, Trade Secret
Williams-Sonoma is embroiled in a contentious trade secret theft case with its former executive and direct competitor. On June 18, 2015, a federal district court in Tennessee granted a preliminary injunction motion to enjoin Williams-Sonoma’s former vice president and direct competitor from using confidential business information, soliciting Williams-Sonoma employees, and destroying electronic evidence. But the federal court refused to give Williams-Sonoma … Continue Reading

Update: Comfortable With Your Non-Compete?

By Jason Culotta on Posted in Non-Compete
We previously analyzed a Pennsylvania appellate court decision, which held that a non-compete agreement was unenforceable for lack of consideration. The case, Socko v. Mid-Atlantic Systems of CPA, Inc., is now before the Pennsylvania Supreme Court. The Court must decide whether Pennsylvania law allows parties to waive the consideration requirement for non-competes through an express agreement. … Continue Reading
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