All the Legal News You Need


Wish you had more time to read the latest in the legal press? I have the solution. Read these five stories now, and they will cover 90% of the legal industry news that will come out the rest of the year. What can I say, except “you’re welcome.” 1. Lateral Partner Moves BigLaw Partner Frank Whitebread Leaves Smith, Jones & Davis to Join Jones & Smith WorldLaw 100 firm Jones & Smith announced this week that Frank Whitebread is joining the firm as a shareholder. Whitebread, a well-known transactional lawyer who does M&A deals in the energy industry, was formerly […]

The Matrix: Making Sense of the Patchwork of Employee Confidentiality Duties


What if I told you that to understand an employee’s confidentiality duties, you need to understand there are three kinds of confidential information covered by at least four different areas of law? You see, employers have three kinds of confidential information: Trade secrets Confidential information that is not a trade secret “Confidential” information that is not actually confidential A trade secret is confidential information that has “independent economic value” and is “not readily ascertainable” by competitors. Secret technology, secret business plans, the literal secret sauce—these are obvious trade secrets. Less obvious things like customer lists and company prices can be […]

Witness Preparation in Trade Secrets Litigation


On February 5, 2018, the day after the real Super Bowl, the Super Bowl of trade secrets trials started in federal court in San Francisco. You might have heard of some of the parties. The defendant was Uber—perhaps the most controversial startup of the last decade. You may not have heard of the plaintiff, Waymo, but you probably know Waymo’s owner, a little company called Google. The issue in a nutshell: did Google engineer Anthony Levandowski steal Google’s confidential self-driving car technology—they call it “LiDAR”—and take it to Uber? This is the type of “departing employee” case I like to […]