As a general rule, federal courts of appeals only have jurisdiction to review final decisions of the district courts. See Zurn Indus., LLC v. Allstate Ins. Co., 75 F.4th 321, 327 (3d Cir. 2023). One exception is for non-final preliminary injunctions. See 28 U.S.C. § 1292(a)(1). To determine whether a non-final order is effectively injunctive, […]
In Pauwels v. Deloitte LLP, No. 22-21-cv, — F.3d — (2d Cir. Oct. 6, 2023), the Second Circuit held that Andre Pauwels failed to establish that an investment valuation model that he had developed as a contactor to the Bank of New York Mellon Corp. (“BNYM”) was a trade secret. Pauwels created his valuation tool […]
Maintaining the secrecy of documents produced in the context of discovery between parties is generally more permissible than in the context of court filings because there is a strong presumption in favor of the openness of court records. See, e.g., In re National Prescription Opiate Litigation, 927 F.3d 919, 938-939 (6th Cir. 2019); Shane Grp., […]
By definition, a trade secret is any valuable business information which is not widely known and must be protected to preserve its confidentiality. In business, trade secrets often create a competitive advantage. Unlike copyrights, trademarks, or patents, which are disclosed to the general public as a condition for protection, a trade secret can put the […]
An element of misappropriation of trade secrets is the acquisition of the trade secret as the result of a confidential relationship or through improper means. The Sixth Circuit recently addressed how a plaintiff “failed to address the confidential relationship component” of its trade secret claim. Novus Group, LLC v. Prudential Financial, Inc., No. 22-3736, — […]