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 […]
Three Thoughts on Anticipated Trends in Commercial Litigation
First, even before the Supreme Court overturned the forty-year precedent that ended Chevron deference (federal agencies are given leeway throughout the regulatory process), regulatory litigation was already skyrocketing. This is a direct result of GOP nominations of judges across the judicial system, which means the litigation expenditure risk is increasingly worth the potential reward. This […]
Hope Is Not A Plan; Hiring A Creative Attorney Is A Plan
I have no insight into the attorney-client relationships in this case. That said, there were potentially underlying reasons why the Defendants litigating a (A) very expensive case with a (B) minimal chance of success was a smart move. In fact, these reasons are often overlooked by the attorneys themselves even when the attorneys would benefit […]
When Does The Threat of Lawsuit Become Tortious Interference With Prospective Business Relationships?
Business owners regularly threaten litigation to protect their companies. In most cases, this threat does not create any potential liability to the party threatening litigation if a case is not ultimately filed. But this does not mean that the possibility exists. Likewise, business owners should be advised that they may potentially have a viable claim […]
AI and Defamation
While ChatGPT 4.0 is far more cautious about making statements about specific individuals, it still hallucinates to disseminate damaging misinformation about people. Litigation concerning prior versions of ChatGPT are winding their way through the courts right now with cases not being dismissed on purely legal arguments. Earlier this year, a Georgia court ruled that OpenAI […]
AI and TRADE SECRETS
Almost one year has passed since news broke about Samsung employees sharing highly sensitive trade secrets with ChatGPT while testing software. As one of the world’s largest companies, Samsung has undertaken a wide–and expensive–series of measures to protect against intentional or unintentional disclosure of trade secrets. But trade secrets are usually taken without permission versus […]
