Deluxe Data v. Visa International, et al.

In this case, perhaps the first in the country tried under the “inevitable disclosure” trade secrets doctrine, the firm represented Visa, its data processing system, and seven individuals who were sued for having left the plaintiff en masse, allegedly with knowledge of source code and “know-how” related to the functionality in ATM machines worldwide.  The case was tried in state court in Milwaukee for approximately two weeks, and our clients prevailed on every count.  The decision in favor of our clients was affirmed by the Wisconsin Court of Appeals.

Firm Highlights

Publication

SB 54: Shifting the Burden to Producers To Address California's Plastic Pollution

California's SB 54: Plastics Pollution Prevention and Packaging Producer Responsibility Act  (Public Resources Code § 41821.5) adopts the “extended producer responsibility model” (or “circular economy framework”), which makes manufacturers of single-use plastic products and packaging responsible...

Read More
Publication

How To Avoid Allegations of Trade Secret Misappropriation in California

When departing a company, an executive, founder, or employee with access to trade secrets or confidential information may face legal allegations around whether they will use or disclose their former employer’s trade secrets at...

Read More
Publication

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

Read More
News

Judges Are Trying to Squeeze in More Trial Dates to Clear Court Backlogs

Farella partner and trial lawyer Karen Kimmey spoke to The Recorder  for the article, "Judges Are Trying to Squeeze in More Trial Dates to Clear Court Backlogs," discussing how lawyers are changing how they prepare for trial...

Read More
Publication

Protecting “What Not to Do” as a Negative Trade Secret

“Negative trade secrets”—i.e., secret know-how about what does not work—are generally protectable in California, but in practice have proven challenging for courts and litigants to discern.  While a trade secret is a company’s intellectual...

Read More
Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

Read More
Publication

The Humility To Prepare and the Confidence To Pull It off With Doug Young

Mike Herring interviews past ACTL President Doug Young in this episode of  Trial Tested: A Podcast by the American College of Trial Lawyers . S3E6: The Humility To Prepare and the Confidence To Pull It off With...

Read More
Publication

How Companies Can Stop Trade Secret Disclosure in California

When an executive, founder, or employee with access to trade secrets or confidential information leaves a company to work elsewhere, employer trade secrets might be used by a competitor. Under two laws, California’s Uniform...

Read More
Publication

Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets

Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another powerful form of...

Read More
Publication

7 Tips to Help Financial Advisor Firms Protect Their Customer Lists

Customer relationships are a key asset for companies in the financial advising and wealth management industry. In California, however, the law is making it increasingly difficult to stop departing employees from soliciting customers after...

Read More