Trade Secret Law Evolution Podcast

In this episode of TSLE Industry Voices, a subseries of the Trade Secret Law Evolution Podcast, Jordan Grotzinger welcomes David Gould, CEO of FarmTogether. David is helping transform how investors access farmland by bringing a traditionally hard-to-reach asset class into a modern, tech-enabled investment platform. With over 30 years of Wall Street experience spanning portfolio management, emerging markets debt, and capital markets, David has held senior roles at firms including Cargill, Elliott Associates, Jefferies, Banco Pine, and AMERRA Capital Management, where he led capital markets, investor relations, and ESG initiatives. His global perspective now informs his mission to connect institutional capital with real-world impact as farmland emerges as one of the most compelling alternative assets of our time.

In this episode, Jordan breaks down a major statute of limitations ruling from the Federal Circuit, which erased a massive verdict, and a Sixth Circuit decision clarifying the plaintiff's burden of proof when seeking a preliminary injunction.

In this episode, we launch TSLE Industry Voices, a new subseries of the Trade Secret Law Evolution Podcast featuring founders, business leaders, and in-house counsel discussing trade secret-related issues from the company perspective — how businesses think about proprietary information, competitive advantage, innovation, and risk in the real world. Our inaugural guest is Joe Perez, an entrepreneur and digital media executive best known as a co-founder of Tastemade, the global lifestyle media company focused on food, travel, and home and design content. Before Tastemade, Perez was the co-founder of LIVESTRONG.COM and Demand Media and was COO and CMO of Autograph. He has built a long career in internet media, gaming, and digital health. He has also been active in startup mentoring and advisory work, including with the USC Center for Body Computing and accelerator communities such as techstars and Mucker Capital. Today, Perez is building Proactive SPX, another company he co-founded, focused on science-backed training and performance programs designed for elite athletes.

In this episode, Jordan breaks down a recent First Circuit case that addressed the issue of who owns a trade secret and therefore has standing to sue for misappropriation.

In this episode, Jordan discusses two District Court cases that address the issue of trade secret identification at different stages of litigation. 

In this episode, Jordan breaks down a Fifth Circuit ruling that requires apportionment of damages in multi-secret cases, and the Seventh Circuit's strict approach to trade secret identification at the summary judgment stage. 

This episode is our annual year in review. Jordan and Boston Shareholder Gregory Bombard break down last year's key cases and takeaways. 

In this episode, co-host Gregory Bombard joins Jordan to discuss a fascinating case from the Eleventh Circuit, originating from a sunken 16th century French warship and a dispute over artifact excavation 450 years later.

In this episode, Jordan discusses two recent Circuit opinions, one about statute of limitations and how rumors and suspicion can trigger the clock, and the other about deference to juries' damages awards in trade secret cases.

In this episode, Jordan has a wide-ranging conversation with Meta's Head of Patents and Trade Secrets, Micheal Binns. 

In this episode, New Jersey Shareholder Galit Kierkut joins Jordan to discuss the latest developments and trends following the FTC's 2024 noncompete ban and resulting litigation.

In this episode, the podcast's 80th, Jordan discusses two cases from Federal Districts in Texas and New York that address the statute of limitations, limited authorization to use trade secrets, and the reasonable measures to maintain secrecy requirement.   

In this episode, Jordan Grotzinger and Gregory Bombard discuss the Ninth Circuit's recent decision impacting the most litigated issue in trade secret cases – trade secret identification. 

In this episode, Jordan discusses a recent case from the Southern District of New York where an injunction was partially granted on a breach of contract claim but not on the trade secret claim. The Court found the plaintiffs didn't make a sufficient showing on irreparable harm, based on a lack of "danger" that the misappropriator would disclose the trade secrets to someone else.

In this episode, Jordan breaks down a recent ruling from the Northern District of New York that addresses what to do and not to do to establish the elements of irreparable harm and likelihood of success for a motion to enjoin trade secret misappropriation.

In this episode, Jordan discusses a recent Fifth Circuit case that addressed trade secret identification and proof of misappropriation at trial, and an Eleventh Circuit case addressing whether and how trade secret misappropriation damages can be limited by contract.

In this episode, Jordan discusses a Second Circuit Court of Appeals opinion on statute of limitations, and a Central District of California decision on trade secret identification, and specifically the importance of distinguishing alleged trade secret information from public information included in patents.

This month, Jordan discusses how courts apply the first-to-file rule after a "race to the courthouse" and addresses cases involving the doctrine of res judicata and statute of limitations. 

In this episode, Boston Shareholder Greg Bombard joins us for the annual year in review.

In this episode, GT attorney Emily Livermore joins Jordan to begin the conversation on how AI affects trade secrets and trade secret law. They address trade secret ownership, reverse-engineering, and how to protect trade secrets in the age of this revolutionary and rapidly-developing technology.

In this episode, Jordan discusses a case in which a "destroy and certify" clause in an NDA triggered a statute of limitations, and another case that addresses how the possibility of irreparable harm may not be enough for preliminary injunctive relief.

In this episode, co-host Gregory Bombard, a Shareholder in Greenberg Traurig's Boston office, returns to discuss a federal Court of Appeals decision addressing Massachusetts' and California's competing public policies on the enforcement of noncompete agreements.

In this episode, Jordan discusses two cases and three issues: (1) whether proof of causation and damages is necessary to be the prevailing party in trade secret cases, (2) whether "actual loss" for damages purposes includes expert costs, and (3) trade secret identification.

In this episode, repeat co-host Justin Victor joins Jordan and breaks down the latest developments in the FTC noncompete ban saga, including the nationwide injunction against the ban in the leading case, related litigation, what to expect and what to do.   

In this episode, Jordan discusses a Seventh Circuit decision in a case of first impression over whether the DTSA applies outside the United States.

In this episode, Bridget Smith, Assistant General Counsel and Director, Intellectual Property for Relativity Space joins the podcast to discuss her company, how her job involves trade secrets, her views on measures to protect trade secrets given her company's unique assets, and other subjects.

In this episode, Jennifer Burdman, Chief IP Officer & Deputy General Counsel for Valo Health, joins Jordan for a robust discussion on the hot topic of trade secret inventory, including its pros and cons.

In this episode, Jordan and recurring co-hosts Gregory Bombard and Justin Victor discuss the FTC's new sweeping ban on non-compete agreements, and what it means for companies.

In this episode, Jordan discusses how to plead (and not to plead) subject matter jurisdiction under the federal Defend Trade Secrets Act, the requirement of trade secret ownership, and whether injunctive relief is presumed once the plaintiff proves misappropriation.

In this episode, Jordan discusses how Missouri treats the hot topic of non-compete agreements, and a recent District Court case in California on preemption.  

Jordan and GT Boston Shareholder Greg Bombard break down 2023's trends and key cases in trade secret law.

In this episode, Jordan discusses Minnesota's and Texas's differing approaches to the doctrine of preemption as explained in two recent cases.   

This week, Jordan and co-host Gregory Bombard interview United States District Judge William G. Young, one of the most distinguished jurists on the federal bench.  He sat down with us for an enlightening discussion on issues he's addressed in trade secret cases, including trade secret identification, how to protect trade secrets in court proceedings, and his views on arbitration versus trial. He even shares a little poetry. 

Jordan Grotzinger and guest Michael Stimson, Vice President of Intellectual Property and General Counsel for Sun World International, LLC, discuss Michael's involvement in the DuPont Pioneer/Monsanto criminal case, which started when a contract farmer discovered someone digging on his property who then fled.

In this episode, Jordan and GT Shareholder, trade secret lawyer and returning co-host Greg Bombard discuss the 2023 Global IP Strategy Hub's Trade Secret IP Protection & Litigation: Boston conference, including key takeaways.

In this episode, Jordan and GT Dallas Shareholder Bill Stark discuss "DTOs" (device turnover orders), how to get them and their impact on trade secret litigation.

In this episode, Jordan discusses a recent Second Circuit opinion that addressed how to sufficiently identify trade secrets at trial and analyzed when avoided cost unjust enrichment damages are appropriate.

In this episode, GT litigator Jonathan Widjaja joins Jordan for a deep dive into how courts reconcile general agency principles with statutory requirements for indirect misappropriation, that is, liability for misappropriation based on the conduct of another. Jon also shares an interesting "fun fact."

In this episode, Los Angeles Shareholder Blakeley Oranburg and Jordan discuss an Eight Circuit case that addresses pleading trade secret misappropriation claims on "information and belief," and case out of the Southern District of Ohio that explains the time period in which damages for trade secret misappropriation are recoverable.

In this episode, Boston shareholder Greg Bombard returns to discuss GT's 2022 trade secret Year in Review, and some highlights from last year's cases.

In this episode, Jordan and fellow IP litigator Layal Bishara discuss the Sixth Circuit's deep dive into identification of combination trade secrets, proper measures of damages, and what it means to willfully misappropriate. 

In this episode, Bina Palnitkar and Jordan Grotzinger discuss the Northern District of Illinois' deep dive into what it takes to properly plead misappropriation and inevitable disclosure, and address the preemption doctrine.  They're also joined by GT's very own Brian Duffy, the firm's CEO, who invented the "interesting fact" segment of the podcast and shares his own interesting fact.

In this episode, Jordan and Boston Shareholder Greg Bombard discuss the Seventh Circuit's recent opinion in a case involving hydraulic actuator technology.  The Court of Appeal addressed the critical issue of trade secret identification and analyzed whether the proof of misappropriation in this case was sufficient to survive summary judgment.

In this episode, Dallas Shareholder Bina Palnitkar joins Jordan to discuss the Tenth Circuit's recent decision affirming a judgment in a trade secret case, which analyzes issues of causation, exemplary damages and attorney fee awards under the Uniform Trade Secrets Act.

In this episode, shareholder Jennifer Surprenant joins Jordan for a discussion of cases addressing the difference between lawfully notifying others about a new job for a competing business and unlawful solicitation of potential customers or clients. We also address the specificity required for injunctions against trade secret misappropriation, and courts' differing standards on this issue. 

In this episode, we discuss how one state's Public Records Act is reconciled with trade secret protections.  We also address trade secret identification at pleadings, and a recent decision interpreting the supersession doctrine.  

In this episode, Jordan's partner Rich McCrea discusses a unique trade secret case from inception to verdict, including methodically developing proof, picking the right jury and trial themes.

In this episode, we discuss a grant of summary judgment against a trade secret misappropriation claim, and some important lessons on proving misappropriation and damages. 

We're back for our fourth year and discuss proper venue for prosecution of criminal trade secret theft of fishing coordinates, and what kinds of costs must be deducted to calculate lost profit damages in trade secret misappropriation cases.

Jordan Grotzinger and Charles Feigelstock break down the highlights of 2021 in TSLE's third Year in Review.