Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Trade Secrets

Secret Hair Don’t Care: When NDAs Fail to Protect Trade Secrets

In a significant recent decision, the Federal Circuit reversed a $66 million judgment against L’Oreal USA, Inc. for patent infringement and trade secret misappropriation asserted by Olaplex, Inc. The case arose as a result of L’Oreal and Olaplex entering into negotiations regarding a potential acquisition, pursuant to which Olaplex shared with L’Oreal its confidential information, … Continue Reading

The Defend Trade Secrets Act of 2016 – Key Takeaways

Earlier this week, Congress passed the Defend Trade Secrets Act of 2016 (DTSA). It is expected to be signed into law shortly. For the first time, the DTSA will create a federal private cause of action for misappropriation of trade secrets. Previously, federal protection of trade secrets was confined to seldom-used criminal provisions, and civil … Continue Reading
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