Notes on Trade Secret Litigation
WINNING! According to Lex Machina, between 2019 and 2023, trade secret plaintiffs in federal cases that went to trial won 86% of cases, which is approximately 30% higher than the success rate across all federal cases. This is particularly interesting because more trade secret cases are being filed while the number of patent infringement cases […]
Fiduciary Duties and AI
Pivoting to AI will have serious implications for fiduciary responsibilities. Companies, family offices, and all advisors must strike an appropriate balance between human expertise and technological advancement. It is imperative that AI users encourage critical evaluations of AI-generated results with independent human thinking. The failure to do so can be catastrophic for everyone involved. Tools […]
Common Documentation Mistakes Can Cause Serious Problems
Different forms of electronic communication result in different levels of discretion and candor–for better or worse. Therefore, employees should be trained to properly communicate to avoid ticking timebombs in litigation. Is Documentation Required? This is a fundamental question that should be ingrained into employees’ heads because every thought need not be shared in writing. This […]
Key Tenant Issues In Data Center Leasing Agreements
Leasing a data center is a strategic decision that comes with unique challenges. Here are some of the critical issues you should be aware of before signing a data center lease. 1. Security and Access Data centers house critical infrastructure, making security a top priority. Here are some considerations: 2. Maintenance Responsibilities Data center tenants […]
AI and the Future of Contracts
Contract negotiations and interpretations present unique challenges for AI. For millennia contract law has been all about contextual understanding, personal analyses, concern for the future, and preventing (or creating) ambiguities. These issues are why solely relying on AI to draft contracts is unwise. Unsurprisingly, AI-generated contracts lack the ability to adapt for changes in the […]
General Thoughts on Remote Work
Rejecting all requests for remote work is the easiest legal solution. But it might leave a company with few or no employees. A less extreme concept would be limiting remote work to short periods not to exceed sixty or ninety days within a calendar year but this might not be feasible either in this employment […]
Trade Secret Insurance Considerations
Trade secret insurance protects businesses from financial losses resulting from the theft, misappropriation, or unauthorized disclosure of their trade secrets. A broad definition of trade secrets requires information to be (a) protected as confidential and proprietary; and (b) have economic value because the public does not have access to the information. That being said, do […]
NDA No-Nos
It is common knowledge that a Non-Disclosure Agreement (NDA) does not provide absolute protection of a company’s intellectual property or other proprietary information. Unfortunately, many business owners are not advised with sufficient detail as to (1) why an NDA is insufficient and (2) how to keep an NDA enforceable. Receiving poor or no advice concerning […]
Effective Use of Arbitration Clauses
Clients often want dispute resolution provisions to include only jurisdiction, venue, and choice of law terms to avoid overwhelming their clients. In these circumstances, I always recommend one additional term: mandatory non-binding mediation before a claim or lawsuit is filed. When the stakes are very high, I often recommend clients to include details that do […]
When Secrets May Not Be Trade Secrets
In many trade secret disputes, the parties are focused on fighting over whether the information was adequately protected
