Trade Secret Law Evolution Podcast

In this episode, Jordan breaks down a recent ruling from the Northern District of New York that addresses what to do and not to do to establish the elements of irreparable harm and likelihood of success for a motion to enjoin trade secret misappropriation.

In this episode, Jordan discusses a recent Fifth Circuit case that addressed trade secret identification and proof of misappropriation at trial, and an Eleventh Circuit case addressing whether and how trade secret misappropriation damages can be limited by contract.

In this episode, Jordan discusses a Second Circuit Court of Appeals opinion on statute of limitations, and a Central District of California decision on trade secret identification, and specifically the importance of distinguishing alleged trade secret information from public information included in patents.

This month, Jordan discusses how courts apply the first-to-file rule after a "race to the courthouse" and addresses cases involving the doctrine of res judicata and statute of limitations. 

In this episode, Boston Shareholder Greg Bombard joins us for the annual year in review.

In this episode, GT attorney Emily Livermore joins Jordan to begin the conversation on how AI affects trade secrets and trade secret law. They address trade secret ownership, reverse-engineering, and how to protect trade secrets in the age of this revolutionary and rapidly-developing technology.

In this episode, Jordan discusses a case in which a "destroy and certify" clause in an NDA triggered a statute of limitations, and another case that addresses how the possibility of irreparable harm may not be enough for preliminary injunctive relief.

In this episode, co-host Gregory Bombard, a Shareholder in Greenberg Traurig's Boston office, returns to discuss a federal Court of Appeals decision addressing Massachusetts' and California's competing public policies on the enforcement of noncompete agreements.

In this episode, Jordan discusses two cases and three issues: (1) whether proof of causation and damages is necessary to be the prevailing party in trade secret cases, (2) whether “actual loss” for damages purposes includes expert costs, and (3) trade secret identification.

In this episode, repeat co-host Justin Victor joins Jordan and breaks down the latest developments in the FTC noncompete ban saga, including the nationwide injunction against the ban in the leading case, related litigation, what to expect and what to do.   

In this episode, Jordan discusses a Seventh Circuit decision in a case of first impression over whether the DTSA applies outside the United States.

In this episode, Bridget Smith, Assistant General Counsel and Director, Intellectual Property for Relativity Space joins the podcast to discuss her company, how her job involves trade secrets, her views on measures to protect trade secrets given her company's unique assets, and other subjects.

In this episode, Jennifer Burdman, Chief IP Officer & Deputy General Counsel for Valo Health, joins Jordan for a robust discussion on the hot topic of trade secret inventory, including its pros and cons.

In this episode, Jordan and recurring co-hosts Gregory Bombard and Justin Victor discuss the FTC's new sweeping ban on non-compete agreements, and what it means for companies.

In this episode, Jordan discusses how to plead (and not to plead) subject matter jurisdiction under the federal Defend Trade Secrets Act, the requirement of trade secret ownership, and whether injunctive relief is presumed once the plaintiff proves misappropriation.

In this episode, Jordan discusses how Missouri treats the hot topic of non-compete agreements, and a recent District Court case in California on preemption.  

Jordan and GT Boston Shareholder Greg Bombard break down 2023's trends and key cases in trade secret law.

In this episode, Jordan discusses Minnesota's and Texas's differing approaches to the doctrine of preemption as explained in two recent cases.   

This week, Jordan and co-host Gregory Bombard interview United States District Judge William G. Young, one of the most distinguished jurists on the federal bench.  He sat down with us for an enlightening discussion on issues he's addressed in trade secret cases, including trade secret identification, how to protect trade secrets in court proceedings, and his views on arbitration versus trial. He even shares a little poetry. 

Jordan Grotzinger and guest Michael Stimson, Vice President of Intellectual Property and General Counsel for Sun World International, LLC, discuss Michael's involvement in the DuPont Pioneer/Monsanto criminal case, which started when a contract farmer discovered someone digging on his property who then fled.

In this episode, Jordan and GT Shareholder, trade secret lawyer and returning co-host Greg Bombard discuss the 2023 Global IP Strategy Hub's Trade Secret IP Protection & Litigation: Boston conference, including key takeaways.

In this episode, Jordan and GT Dallas Shareholder Bill Stark discuss “DTOs” (device turnover orders), how to get them and their impact on trade secret litigation.

In this episode, Jordan discusses a recent Second Circuit opinion that addressed how to sufficiently identify trade secrets at trial and analyzed when avoided cost unjust enrichment damages are appropriate.

In this episode, GT litigator Jonathan Widjaja joins Jordan for a deep dive into how courts reconcile general agency principles with statutory requirements for indirect misappropriation, that is, liability for misappropriation based on the conduct of another. Jon also shares an interesting “fun fact.”

In this episode, Los Angeles Shareholder Blakeley Oranburg and Jordan discuss an Eight Circuit case that addresses pleading trade secret misappropriation claims on “information and belief,” and case out of the Southern District of Ohio that explains the time period in which damages for trade secret misappropriation are recoverable.

In this episode, Boston shareholder Greg Bombard returns to discuss GT's 2022 trade secret Year in Review, and some highlights from last year's cases.

In this episode, Jordan and fellow IP litigator Layal Bishara discuss the Sixth Circuit's deep dive into identification of combination trade secrets, proper measures of damages, and what it means to willfully misappropriate. 

In this episode, Bina Palnitkar and Jordan Grotzinger discuss the Northern District of Illinois' deep dive into what it takes to properly plead misappropriation and inevitable disclosure, and address the preemption doctrine.  They're also joined by GT's very own Brian Duffy, the firm's CEO, who invented the “interesting fact” segment of the podcast and shares his own interesting fact.

In this episode, Jordan and Boston Shareholder Greg Bombard discuss the Seventh Circuit's recent opinion in a case involving hydraulic actuator technology.  The Court of Appeal addressed the critical issue of trade secret identification and analyzed whether the proof of misappropriation in this case was sufficient to survive summary judgment.

In this episode, Dallas Shareholder Bina Palnitkar joins Jordan to discuss the Tenth Circuit's recent decision affirming a judgment in a trade secret case, which analyzes issues of causation, exemplary damages and attorney fee awards under the Uniform Trade Secrets Act.

In this episode, shareholder Jennifer Surprenant joins Jordan for a discussion of cases addressing the difference between lawfully notifying others about a new job for a competing business and unlawful solicitation of potential customers or clients. We also address the specificity required for injunctions against trade secret misappropriation, and courts' differing standards on this issue. 

In this episode, we discuss how one state's Public Records Act is reconciled with trade secret protections.  We also address trade secret identification at pleadings, and a recent decision interpreting the supersession doctrine.  

In this episode, Jordan's partner Rich McCrea discusses a unique trade secret case from inception to verdict, including methodically developing proof, picking the right jury and trial themes.

In this episode, we discuss a grant of summary judgment against a trade secret misappropriation claim, and some important lessons on proving misappropriation and damages. 

We're back for our fourth year and discuss proper venue for prosecution of criminal trade secret theft of fishing coordinates, and what kinds of costs must be deducted to calculate lost profit damages in trade secret misappropriation cases. 

Jordan Grotzinger and Charles Feigelstock break down the highlights of 2021 in TSLE's third Year in Review. 

In this episode, we address the doctrine of “preemption,” or supersession, under the California Uniform Trade Secrets Act, and specifically how a “shotgun” pleading of related claims can result in preemption.  We also discuss a court decision explaining the showing needed to have trade secret information in court papers filed under seal.  

In this episode, we discuss the Sixth Circuit's recent analysis of the statute of limitations for trade secret misappropriation claims, including the concept of continuing misappropriation. 

In this episode, we examine how a plaintiff proved the existence of a “compilation” trade secret in a trial resulting in an eight-figure verdict, and the issue of how a preliminary injunction in a trade secret case affects the plaintiff's claims for damages.

In this episode, we discuss President Biden's July 9, 2021 Executive Order, “Promoting Competition in the American Economy,” and what it means for trade secret protection.  We also unpack the definition of “use” of trade secrets under the Defend Trade Secrets Act.

In the month that marks our two year anniversary, we welcome back guest Todd Pickles, and discuss a recent Supreme Court opinion that clarifies the reach of the Computer Fraud and Abuse Act and the opinion's impact on trade secret cases.  We also continue our discussion of the China Initiative and its progress in the Biden Administration.

In this episode, we discuss an informative analysis in the Southern District of New York of so-called “avoided costs” as damages for trade secret misappropriation, and the bi-partisan Protecting Intellectual Property Act of 2021 which, according to a sponsor, “draws a line in the sand” when it comes to foreign actors stealing trade secrets from American companies. 

In this episode, we discuss how sabotage can constitute misappropriation of trade secrets, and the challenges of obtaining summary judgment in trade secret cases. 

In this episode, Jordan Grotzinger and co-host Justin Victor discuss two recent Delaware cases that address what law and venue to choose for trade secret litigation, courts’ differing policies on enforcing such agreements, and preemption by the Uniform Trade Secrets Act.

In this episode, we discuss the logistics of forensic investigations, a key process in trade secret cases, with expert Jim Vaughn of iDiscovery Solutions.

In this episode, we welcome you to Season 3 of the podcast, and discuss preemption under the Uniform Trade Secrets Act, the increasingly important issue of compilations as a trade secret, and the Ninth Circuit’s decision on an issue of first impression – whether pre-enactment disclosures are actionable under the Defend Trade Secrets Act.

This episode is our second annual year-in-review discussion.  We address handling trade secrets while working remotely, surviving summary judgment and more.  We’ll be back in January, and wish everyone safe, healthy and happy holidays. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for guidance on their rules and regulations as it relates to self-study credit.

In this episode, we discuss a recent Ninth Circuit case that addressed the level of trade secret identification necessary to survive summary judgment.  We also discuss factors relevant to whether customer data are trade secrets.

In this episode, we address for the first time the criminal enforcement of trade secret protection, including related geopolitical issues, trends and the overlap with civil cases. 

In this episode, we discuss agency liability in the trade secret misappropriation context, the doctrine of indirect misappropriation, and intrinsic knowledge as a trade secret.  

In this episode, we discuss the showing that’s required to obtain attorneys’ fees in a trade secret case, what you must establish to file documents under seal, and challenges in obtaining temporary restraining orders.