Insights & Tips


When a company is sued for trade secret misappropriation, will an insurance company cover it?  As made evident in Sentinel Insurance Company, LTD v. Yorktown Industries, Inc., 2017 U.S. Dist. LEXIS 14439, 2017 WL 446044 (N.D. Ill. Feb. 2, 2017), it ver …

Category: Commercial Litigation and Arbitration | Intellectual Property Law

In 2017, courts grappled with various issues with respect to the Defend Trade Secrets Act.  First, there are nuances regarding the timing of the conduct to which the Act applies.  In Cave Consulting Grp., Inc. v. Truven Health Analytics Inc., 2017 U.S. …

Category: Employment Law | Intellectual Property Law

Traditionally, non-compete agreements were used to prevent employees from leaving a company and taking clients and important business information, including trade secrets, with them. In recent years, however, legislatures and courts have taken an incre …

Category: Employment Law

In a decision that could drastically change the internet as we know it, Judge Katherine Forrest held that a news site’s embedded tweet could be considered an infringing “display” of material under the Copyright Act. Embedding, the process by which a we …

Category: Intellectual Property Law

Business

We wrote recently on the Second Circuit’s holding against former Hearst interns who claimed that the corporation violated federal and state wage and hour laws by not paying them. Shortly following the decision, the Department of Labor (DOL) issued “Fac …

Category: Employment Law

In its recent decision, Crye Precision v. Duro Textiles, 689 Fed. Appx. 104 (2017), the Second Circuit scrutinized restrictions in an intellectual property licensing agreement under non-compete law, ultimately holding them to be overbroad. Traditionall …

Category: Commercial Litigation | Intellectual Property Law

André Castaybert PLLC

       By Karen E. Clarke, Of Counsel   As discussed in our June 8, 2016 article, 28 U.S.C. § 1782 enables foreign litigants to obtain evidence from U.S. persons for use in a foreign proceeding.  Three recent decisions by two Judges in the Souther …

Category: Commercial Litigation and Arbitration | Discovery Practice

A recent article published by the International Consortium of International Journalists outlines five digital security tools journalists can and should use to protect their work, as well as their sources. This has become pressing as journalists face an …

Category: Intellectual Property Law

André Castaybert PLLC

By Karen E. Clarke, Of Counsel       The litigation over insurance coverage for the claims arising from NASDAQ’s bungling of the Facebook IPO has resulted in a win for NASDAQ’s directors and officers (“D&O”) liability insurance carriers.  In B …

Category: Commercial Litigation | Insurance Recovery | Securities and Class Litigation

The Cyberlaw Clinic at Harvard University, in conjunction with “a collection of lawyers and creative folks,” has authored “The Cyberlaw Guide to Protest Art.” Published on Medium.com, the guide aims to help creators of protest art navigate legal issues …

Category: Art Law | Intellectual Property Law

In the digital age, employers must take various precautionary measures to ensure that trade secrets and other confidential information is not misappropriated by their current and former employees. Below is a list of steps employers can take to prevent …

Category: Employment Law | Intellectual Property Law

On January 18, an S.D.N.Y. judge sentenced software engineer Xu Jiaqiang to five years in prison. The crime? Stealing source code from IBM, his former employer. The Department of Justice successfully argued that as an employee, Xu had taken advantage o …

Category: Intellectual Property Law

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