Category Archives: Trade Secret

Key Takeaways: Record Surge in Trade Secret Litigation

By Thomas Hubert and Jacob Pritt on February 23, 2026 Posted in Data Protection, Trade Secret

Recent data confirms that trade secret litigation is at an all‑time high, reflecting a fundamental shift in how companies protect proprietary information. As panelists during the recent Lex Machina webinar “Trends in Trade Secret Litigation: Key Insights from 2026 Lex Machina Report,” we discussed the drivers behind this surge and what companies should expect going … Continue Reading

AIPLA Conference on Trade Secret Litigation Recap: Part 3 – Jury Selection

By Thomas Hubert, Joseph Lavigne and PJ Kee on May 28, 2025 Posted in Trade Secret

Our team attended the recent AIPLA Trade Secret Summit, one of the nation’s premier conferences on trade secret law. Critical issues surrounding the protection of confidential business information took center stage and we were reminded just how important it is for companies to stay ahead of the curve to safeguard against unfair competition and trade secret … Continue Reading

AIPLA Conference on Trade Secret Litigation Recap: Part 2 – Forensics

By Thomas Hubert, Joseph Lavigne and PJ Kee on May 2, 2025 Posted in Confidential Information, Trade Secret

AIPLA Conference on Trade Secret Litigation Recap: Part 1 – Joint Representation

By Thomas Hubert, Joseph Lavigne and PJ Kee on April 23, 2025 Posted in Trade Secret

At the recent AIPLA Trade Secret Summit, one of the nation’s premier conferences on trade secret law, critical issues surrounding the protection of confidential business information took center stage. The discussions reinforced the importance of safeguarding trade secrets and proprietary data against theft, liability, and employee mismanagement—particularly during key employment transitions such as hiring, active employment, … Continue Reading

Ex-Schwab Employee Prohibited from Using Client Information

By Jason Culotta on February 18, 2025 Posted in Injunction, Trade Secret

In the case of Charles Schwab & Co., Inc. v. Roberto Ivan Ortega (Case No. 4:24−cv−04962), the United States District Court for the Southern District of Texas issued a Stipulated Preliminary Injunction Order on February 12, 2025. Charles Schwab alleges that Roberto Ivan Ortega misappropriated its trade secrets and client information to solicit the business … Continue Reading

Nuclear Verdicts Hit Trade Secrets

By Thomas Hubert and PJ Kee on December 11, 2024 Posted in Data Protection, Trade Secret

A Massachusetts federal jury awarded $452 million against a South Korean company after concluding it had stolen secrets related to a wearable insulin patch. Nuclear verdicts are determined as ones that exceed $10 million have grown over recent years. While the recent nuclear verdicts have mainly been in personal injury situations, this highlights risks associated … Continue Reading

Employee Monitoring and Protecting Trade Secrets in Remote Work Environments

By Joseph Lavigne and PJ Kee on July 23, 2024 Posted in Data Protection, Trade Secret

With large swaths of the workforce working remotely, some employers have growing concerns about employee productivity, as well as information security and confidentiality. In today’s remote work era, organizations face significant challenges in balancing employee monitoring with safeguarding confidential information and trade secrets. This article explores key insights and strategies for HR professionals navigating these … Continue Reading

Jones Walker Trade Secrets Team Adds Mediation Capabilities

By Thomas Hubert on November 15, 2023 Posted in Jones Walker Announcements, Trade Secret

Jones Walker’s trade secrets, unfair competition, and non-competes team has launched its mediation services backed by years of litigation in this field and with a full understanding of the contentious nature of these disputes. Managed properly, alternative dispute resolution (ADR) methods such as mediation can be a more efficient and cost-effective method of dispute resolution than litigation. … Continue Reading

Mediate Early and Sometimes Often

By Thomas Hubert on November 3, 2023 Posted in Non-Compete, Trade Secret

Trade secret, breach of fiduciary duty, unfair trade practices, breach of restrictive covenants and retention agreements, and the many state and federal claims that come with departing employees or groups of employees often scream out for mediation. As our blog has demonstrated time and again, aggressive, and immediate action is necessary in these situations and typically … Continue Reading

Federal Appellate Court Vacates Order Denying Injunction in Biotechnology Trade Secret Dispute

By Jacob Pritt on April 25, 2023 Posted in Trade Secret

The United States Court of Appeals for the Fifth Circuit in New Orleans recently vacated an order from a Texas-based district court denying a preliminary injunction to Direct Biologics, LLC (“Direct Biologics”). The court ruled that Direct Biologics had presented sufficient evidence that its trade secret information in the hands of its former employee and … Continue Reading

Lavigne & Hubert Author Article in IPWatchdog

By Thomas Hubert and Joseph Lavigne on April 5, 2022 Posted in Trade Secret

Joe Lavigne and Tom Hubert, partners in the Labor & Employment Practice Group in the New Orleans office, authored “(Not-So) Amicable Separations: Preventing, Investigating, and Responding to Trade Secret Misappropriation by Departing Employees” published by IPWatchdog. Joe and Tom shared helpful tips to protect company trade secrets and confidential information from theft, liability, and employee … Continue Reading

A Broken Marriage: Bridal Designer Cannot Compete but Regains Control of Social Media Accounts

By Michael Foley and PJ Kee on February 10, 2022 Posted in Non-Compete, Trade Secret

In the case JLM Couture Inc. v. Gutman, in the U.S. Court of Appeals for the Second Circuit, a bridal designer signed an employment agreement that barred her from competing with her employer – JLM Couture Inc. (JLM) – following her employment. The designer also agreed to give certain rights to JLM related to a bridal … Continue Reading

Hubert and Kee Present on Protecting Company Information

By Thomas Hubert and PJ Kee on December 31, 2021 Posted in Data Protection, Trade Secret

Tom Hubert and PJ Kee, partners in the Labor & Employment Practice Group, presented “Don’t Let The Grim Reaper Hack Into Your Trade Secrets” during the Louisiana Chapter of the Association of Corporate Counsel October CLE on October 29, 2021. The presentation featured a discussion on proper techniques and best practices to protect yourself from … Continue Reading

Apple Sues Former High-Level Employee for Trade Secret Use, Disclosure

By Jacob Pritt on March 24, 2021 Posted in Trade Secret

Earlier this month, Apple filed suit in federal court in San Jose against its former employee, Simon Lancaster, for trade secret theft. The lawsuit alleges that Lancaster worked for Apple until November 1, 2019, as an Advanced Materials Lead and Product Design Architect, which is described as a “senior role” with the company. In this … Continue Reading

District of Columbia to Ban Non-Competition Agreements

By W. Whitaker Rayner on January 27, 2021 Posted in Non-Compete, Trade Secret

On January 11, 2021, the mayor of the District of Columbia signed an Act prohibiting non-competition provisions in employment agreements entered into after the date of passage. While under the peculiar rules of the District of Columbia, Congress has a 30-day window to disapprove the Act, it appears likely that this Act will pass. The … Continue Reading

Tips to Remember for Protecting Trade Secrets and Confidential Information

By Joseph Lavigne on January 12, 2021 Posted in Confidential Information, Non-Compete, Trade Secret, Trade Secret Audit

We hope you and your employees had a festive holiday season and happy New Year! It is always helpful to review your company policies and procedures on an annual basis, and policies and procedures on protection of trade secrets and confidential information are no different. Below are some tips to remember and questions to consider … Continue Reading

Lavigne and Kee Discuss Employee Productivity, Information Security, and Confidentiality on HR Works Podcast

By Thomas Hubert on November 11, 2020 Posted in Confidential Information, Employee Monitoring, Trade Secret

Trade Secret Insider co-founders Joe Lavigne and P.J. Kee were guests on the recent HR Works Podcast episode “HR Works 128: Employee Monitoring and Protecting Trade Secrets.” During the episode, Joe, P.J., and show host Jim Davis discuss issues employers have while monitoring remote employee productivity as well as how employers can protect their trade secrets … Continue Reading

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

By Jason Culotta on October 22, 2020 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

Three Appellate Court Decisions Provide Valuable Lessons for the Enforceability of Restrictive Covenants in Employment Agreements

By PJ Kee and Michael Foley on September 29, 2020 Posted in NDAs, Trade Secret

Recently, the US Court of Appeals for the First Circuit, Fifth Circuit and Sixth Circuits reached decisions that analyze the enforceability of restrictive covenants in employment agreements. These decisions ultimately offer employers some valuable lessons when drafting employment agreements that contain restrictive covenants. An analysis of the decisions can be found here.… Continue Reading

The Wild (Kanye) West of Trade Secret Theft

By Michael Foley on September 15, 2020 Posted in Trade Secret

Musical artist and fashion icon Kanye West is being sued by a video and ecommerce company called MyChannel Inc. (MYC) that claims he breached their mutual nondisclosure agreement and took “their proprietary and confidential technology and information to fuel the e-commerce engine” of his Yeezy brand. MYC filed its lawsuit in the US District Court for … Continue Reading

UPDATE: Self-Driving Car Executive Sentenced to 1.5 years in Prison and Public Speech Tour for Trade Secret Theft

By Joseph Lavigne on August 5, 2020 Posted in Trade Secret

Since 2017, we have been covering the legal saga of Anthony Levandowski – the executive/engineer who allegedly stole Google’s trade secrets related to self-driving car technology and used it for the benefit of his new company, which he ultimately sold to Uber. The saga included civil litigation, arbitration, bankruptcy, and criminal charges, but it seems … Continue Reading

Federal Court Rejects Request for In-Person Deposition in Trade Secret Case

By Thomas Hubert and Jacob Pritt on July 23, 2020 Posted in COVID-19, Trade Secret

With the COVID-19 pandemic still ongoing throughout the United States, lawyers have had to come up with creative solutions to complete discovery, particularly when it comes to taking depositions. Over the past few months and for the foreseeable future, most depositions are taking place, at least in part, using videoconferencing technology. As these depositions have … Continue Reading

Texas Court Overturns Record $706 Million Verdict

By Michael Foley on June 29, 2020 Posted in Trade Secret

In early June of 2020, a Texas appellate court overturned a record $706 million verdict rendered by a San Antonio jury more than two years ago, and, in doing so, it ordered a new trial. The case centered on real estate analytic firm HouseCanary Inc.’s fraud and misappropriation of trade secret claims against Amrock Inc., … Continue Reading

Food Fight Breaks Out In Trade Secret Aisle

By PJ Kee on May 29, 2020 Posted in Confidential Information, Trade Secret

A trade secret fight has broken out among rival food companies. Mars, Inc. contends that a former executive downloaded several thousand files containing trade secrets and confidential business information shortly before switching sides to work for JAB Holding Company, LLC and its subsidiary Pret Panera Holding Company, Inc. The former executive is not Mars’s only … Continue Reading