On June 14, 2018, Theranos founder Elizabeth Holmes and former Theranos president Sunny Balwani were indicted on 11 counts of wire fraud and conspiracy to commit wire fraud. Allegedly defrauded persons are patients, doctors and investors, including 4 anonymous investors …

Theranos Investors: Defrauded, Foolish or Both? Read more »

Many companies believe that their information assets include trade secrets. But, some of those companies do not reasonably protect those potential trade secrets. Such a deficiency has significant consequences: an asset cannot be a trade secret absent reasonable protective measures. …

Uniform Protective Measures For Information Assets Can Put Trade Secrets At Risk Read more »

What’s the first thing a trade secret owner should do? Properly identify its trade secrets. That identification can and should take place when a trade secret is developed. That identification can and should take place before any controversy (e.g., investigating …

Wow, That’s A Lot Of Downloaded Files… But, How Many Trade Secrets? Read more »

Waymo LLC v. Uber Technologies, Inc. (N.D. Cal., Case No. 3:17-cv-00939) is garnering a lot of headlines because trade secrets matter. How much do they matter? According to Waymo, it is, or at one point was, entitled to $ 1.86B …

Waymo v. Uber: Trade Secrets Matter And Unauthorized Acquisition Alone Can Justify Damages Read more »

The Defend Trade Secrets Act (DTSA) just celebrated its first birthday. Many of you know that because just about everybody is using 365 days as a reason to write about the DTSA. Whether armed with a birthday or anniversary or some …

The DTSA: Happy Birthday, Data Data Everywhere, But Where’s The Common Sense? Read more »

“Today, how prepared are you to substantiate that your assets are trade secrets?” That question originally was posed on February 7, 2016. Recent events involving Theranos, Inc. again illustrate how important that question is. Theranos currently is dealing with some …

Theranos and Its Requests to Redact Trade Secrets Read more »

Who decides whether you have a trade secret? To begin with, you are the first decision-maker. But, simply saying or believing that an asset is a trade secret is a hollow decision if it is not backed up by actions. …

Saying “I’ve got a trade secret” Isn’t Enough Read more »

A criminal fine won’t bring your trade secret back or compensate you for your loss. A jail sentence won’t bring your trade secret back or compensate you for your loss. So, should the Houston Astros be satisfied with the St. …

A Trade Secret Compensation Compass for MLB and Other Industries Read more »

What would you, as in-house intellectual property (IP) counsel or a strategy officer, rather have: patents, with the attendant gold seals and red ribbons, or the employees who develop the company’s technology? A popular answer is patents. For example, when …

Gold Seals and Red Ribbons or Grey Matter? Read more »

Cyber-attacks are part of the daily news cycle. Just about any company, regardless of size and industry, can be an inviting target for hackers. Reportedly, 71 % of cyber-attacks are directed at companies with fewer than 100 employees. (Lou Shipley, …

A Simpler Approach To Protecting Certain Information Assets Read more »