Help! What Are My (Immediate) Defenses to a Federal Trade Secret Claim?

[Originally published as Help! What Are My (Immediate) Defenses to a Federal Trade Secret Claim?, by Lily Li and Andrea Paris, in Orange County Lawyer Magazine, September 2016, Vol. 58 No.9 on page 52.] The Defend Trade Secrets Act of 2016 (DTSA), signed into law by President Obama on May 11, 2016 creates a new federal cause of action for trade secret theft. Not only does the DTSA open the doors of the U.S. district courts to trade secret plaintiffs, it weaponizes complaints. Now, upon a show...

RFAs: The Underutilized Strategy for Recovering Attorney’s Fees

[Originally published as RFAs: The Underutilized Strategy for Recovering Attorney’s Fees, by Lily Li, in Orange County Lawyer Magazine, December 2015, Vol. 57 No.12 on page 40.] A successful motion for attorney’s fees can be just as important as winning at trial, especially when it comes to your client’s satisfaction with the outcome of litigation. What are your options, however, when there are no obvious attorney fee-shifting provisions in your case? A recent decision out of the Fourth Appel...

Robot Price Wars: Minimum Advertised Pricing (“MAP”)

Policies and the Colgate Doctrine in the Era of Smart Web Crawlers [Originally published in the Fall 2015 issue of the Federal Bar Association/Orange County Chapter Newsletter. See the original article here.] A growing number of manufacturers and wholesalers are using minimum advertised pricing (“MAP”) policies to control how retailers showcase the price of their goods. Whether the products are smartphones, luxury handbags, or golf clubs, manufacturers use MAP policies to protect brand integ...
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