Wednesday, March 10, 2021
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This is part of the Restrictive Covenant Report “Employers’ Toolbox Series,” where we examine lesser-utilized methods of protecting confidential information, trade secrets, and
other business interests.)
The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836,
et seq., is approaching its fifth anniversary after being signed into law by President Barack Obama on May 11, 2016. To celebrate, we are highlighting some of the issues that have developed in five years of litigating the law’s most notorious feature:
ex parte seizure orders.
ex parte seizure provision has always been controversial. Under the DTSA, an
ex parte seizure order permits immediate confiscation of private devices like desktop computers, laptops, smartphones, or tablets without any advance notice to the device owner, and on the strength of the applicant’s evidence only. Once granted, the order is served and executed by U.S. Marshalls or other
Health
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March 9, 2021
A telehealth services company is suing a former company official and the official’s current employer, Hinge Health Inc., alleging that the official breached his contract and misappropriated company trade secrets.
Teladoc Health Inc. and Livongo Health Inc. filed the complaint on Monday in the Northern District of Illinois against Hinge Health Inc. and James Pursley, now president of Hinge Health and formerly chief commercial officer (CCO) of Livongo.
Pursley was Livongo’s CCO beginning in March 2014 up until Teladoc acquired Livongo on Oct. 30, 2020, the complaint said. While at Livongo, he signed an agreement on March 18, 2016, that stipulated he would not engage in certain conduct while employed with the company and for one year after leaving. Such prohibited conduct included soliciting certain Teladoc customers, soliciting fellow employees to leave the company, and disclosing or using confidential company information, the complaint expla
David Garraux of Jones Day for the plaintiff
PITTSBURGH - Allegations of misappropriation of trade secrets, interference with business relations and unfair competition have brought a lawsuit against Andrea Lovell, doing business as NucMed Service Specialists, according to court documents filed a month ago in the U.S. District Court for the Western District of Pennsylvania.
The charges were filed by TTG Imaging Solutions Inc., a national nuclear medicine and imaging device provider headquartered in Pittsburgh.
According to the suit, Lovell was a field services engineer with TTG, but resigned and launched her own directly competing business, NucMed.
Lovell, a resident of Georgia, allegedly used service contracts and pricing structures nearly identical to TTG S and targeted its clients. In her leadership role with TTG, Lovell accessed protected and highly confidential information related to the company s data, clients, marketing and offerings, the s
(
This is part of the Restrictive Covenant Report “Employers’ Toolbox Series,” where we examine lesser-utilized methods of protecting confidential information, trade secrets, and
other business interests.)
The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836,
et seq., is approaching its fifth anniversary after being signed into law by President Barack Obama on May 11, 2016. To celebrate, we are highlighting some of the issues that have developed in five years of litigating the law’s most notorious feature:
ex parte seizure orders.
ex parte seizure provision has always been controversial. Under the DTSA, an
ex parte seizure order permits immediate confiscation of private devices like desktop computers, laptops, smartphones, or tablets without any advance notice to the device owner, and on the strength of the applicant’s evidence only. Once granted, the order is served and executed by U.S. Marshalls or other law enforcement officers, similar to a cri
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Greater flexibility in remote working environments for employees
has led to an increase in the revolving door of new and departing
employees and greater challenges for employers to keep up with
on-boarding and exiting procedures to protect corporate
intellectual property (IP) rights. Such intellectual property
rights typically include patents which protect inventions;
trademarks which protect a company s brand and reputation;
copyrights which protect works of authorship and creativity; and
trade secrets which protect a company s confidential or
propriety information.
The onboarding process serves as an ideal platform to identify