Micah Fincher

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Micah Fincher is an author for the Trade Secret Insider. He helps clients maximize the value of their intellectual property and defend against infringement claims. With experience litigating complex cases involving patents, trademarks, copyrights, and trade dress, Micah advises clients about all aspects of IP. He has practiced before state and federal courts, the International Trade Commission, and the former Board of Patent Appeals and Interferences (now the Patent Trial and Appeal Board). He can be reached at mfincher@joneswalker.com or 504.582.8464.


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24 Hours: Government Likely to Require Notice of Ransomware Payments from Banks, Other Key Businesses

Most banks and their service providers are familiar with the final rule governing notice for “notification incidents” and “cyber security incidents.” With compliance due by May 1, 2022, the rule establishes standards and deadlines for service providers to notify banks of such incidents and for banks to notify their primary federal regulator “as soon as possible and … Continue Reading

Louisiana Appellate Court: Time Limit on Non-Compete Runs From Termination, Not Judgement.

An employee’s termination date – that is, the date the employee quits or is fired – may be critical to determining when his non-competition obligations expire. Under Louisiana law, a non-competition agreement may not “exceed a period of two years from termination of employment.” La. R.S. 23:921(C). This rule was recently applied by the Louisiana … Continue Reading

Hacked? Compromised Employee Data May Trigger Duty for Employer to Notify Affected Employees

Hackers are getting creative. As they gather information about potential targets for identify theft and other cybercrimes, they increasingly target companies’ human resources departments. Employee records often contain troves of sensitive personal information sought by such criminals – from original employee applications with social security numbers and driver’s license numbers, bank draft forms with bank … Continue Reading

Huawei’s Two Bites At The Apple To Dismiss T-Mobile’s Trade Secret Claims

In a previous post, we examined T-Mobile’s complaint against Chinese smartphone marker Huawei and its US subsidiary, in which T-Mobile accused Huawei employees of stealing trade secrets relating to a mobile phone testing robot named “Tappy”. T-Mobile filed its complaint in September 2014, and the following month Huawei’s US subsidiary responded with a motion to … Continue Reading

Chinese Company Steals T-Mobile’s “Tappy” Robot Tech, Complaint Alleges

Key takeaway: Where appropriate, confidentiality agreements should include promises not to reverse engineer the disclosing party’s technology. Meet “Tappy”, the mobile phone testing robot. Designed by T-Mobile’s Bellevue, Washington, labs in 2006, its mechanical “finger” mimics user inputs for mobile phones. Tappy helps T-Mobile model how users interact with mobile phones, replicating days or weeks … Continue Reading

Trading Cards or Trading Secrets?

Are published baseball card prices protectible as trade secrets? That’s one question raised in a lawsuit recently filed in Seattle, Washington. Beckett Media, LLC, a publisher of pricing and other information on collectibles and specialty products, sued Check Out My, LLC, the owner of COMC.com, which offers consignment services for collectible cards and other memorabilia. … Continue Reading