Just as the U.S. Patent and Trademark Office has shown a keen interest in better understanding policy concerns and the needs of business stakeholders in the area of trade secrets (see our coverage of both USPTO symposia here and here) against the backdrop of a new federal law, the EU’s IP office is also stepping up its focus on trade secrets following the EU Trade Secrets Directive in 2016 (our coverage here). READ MORE
Daniel J. Corbett
Daniel Corbett is a member of the employment law group at Orrick’s Global Operations Center in Wheeling, West Virginia. Dan provides high-value employment litigation and counseling services to global leaders in a variety of sectors, including retail, tech, and financial services.
Dan has deep experience in a number of areas, including wage-and-hour class actions, trade secrets and unfair competition, discrimination and harassment claims, and whistleblower matters. He brings three years of intellectual property (IP) experience to Orrick, having practiced in the areas of copyright and trademark law prior to joining Orrick in the employment group. Dan co-founded Orrick's Trade Secrets Watch blog, and he continues to serve on the editorial board. The blog quickly established itself as a leading voice in the trade secrets area and has enjoyed a positive profile on Page 1 of The Recorder and discussion in media such as Corporate Counsel, Bloomberg, and Law360.
For the third straight year, Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.
Prior to joining Orrick, Dan worked at Elliott & Davis in Pittsburgh, where his practice focused on trademark and copyright law. He has worked as a grant writing consultant for nonprofit organizations and as an intern with a public policy think-tank in Washington, D.C. Dan studied journalism in college, where he worked for a local newspaper and a public radio station.
Dan is an avid runner and completed five marathons in five consecutive years before (temporarily) hanging up his running shoes after he and his wife welcomed their second child. He currently gets most of his exercise chasing after toddlers.
- Interviewed hundreds of putative class members in multiple California wage and hour class actions involving major retailers
- Drafted successful motion to dismiss brief on whistleblower claim for technology company
- Compiled multi-jurisdictional surveys on varied issues, including paid sick leave, payroll debit cards, and so-called "ban the box" laws
- Helped retail client compel arbitration in first case to test new agreement with class, collective, and representative action waivers
- Secured major labor arbitration victory for museum client in complex CBA dispute with union
Posts by: Daniel Corbett
(Editors’ note: Thanks to Orrick summer associate, Ruben Sindahl, for his help with this blog post.)
Just four years after the Lone Star State ended its holdout by becoming the 48th State to adopt the Uniform Trade Secrets Act, Texas passed a bill to amend its enactment. The bill was signed by Texas Governor Greg Abbott on May 19, 2017, and will take effect on September 1, 2017.
On May 8, 2017, the United States Patent and Trademark Office hosted its second event on trade secrets. When we covered the USPTO’s inaugural trade secrets symposium held in January 2015, there was a palpable sense among DC insiders that, at long last, federal trade secrets legislation was imminent.
Readers of this blog of course know the rest of that story: obviously the biggest change in the landscape since the last event was the passage of the Defend Trade Secrets Act of 2016. In fact, the USPTO intentionally timed this event to fall near the one-year anniversary of the DTSA’s passage.
What else had changed in the last two years? To answer that question, I once again traveled to USPTO headquarters in Alexandria, VA to attend the symposium and provide TSW readers with the following report. READ MORE
What’s in a name? Obviously a lot, as businesses in all industries invest significant time and money to protect their reputations. But, in some sectors, the line between positive and pejorative can be quite thin.
Take email marketing and cybersecurity, for example: What exactly distinguishes a successful high-volume email marketer from a spammer? And how can we distinguish a well-intentioned security analyst exposing vulnerabilities from a nefarious hacker? (Those familiar with techspeak will surely recall the familiar “white hat” and “black hat” dichotomy, but even that, as Wired has observed, is subject to gray areas of its own.) READ MORE
After a long political season that took many twists and turns due in part to revelations from WikiLeaks, the holiday season finally arrived. For many, that meant family traditions, time away from work, and massive amounts of college football, thanks to the current litany of televised bowl games.
Since the early days of this blog, we’ve been covering the ongoing legal battle involving ex-Korn Ferry recruiter David Nosal as it winds its way through the courts. The latest chapter in this saga came on December 8, 2016, when a Ninth Circuit panel clarified that the Computer Fraud and Abuse Act (CFAA) does not criminalize innocent password sharing, in a published opinion denying Nosal’s request for a rehearing en banc. READ MORE
This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship.
In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an enterprising fellow who wanted to open up a Quizno’s sandwich shop in St. Charles, Illinois. Unfortunately, Kampendahl didn’t keep his food equipment clean, used unapproved foods, and had safety and sanitation problems, so Quizno’s terminated the franchise agreement. Upon termination, Kampendahl was subject to a covenant not to compete that prohibited him from opening a competing sandwich shop within five miles. READ MORE
As many TSW readers are aware, 2016 has been a big year for trade secret law, with both the United States and the European Union expanding trade secrets protections and increasing the uniformity of their laws. But as good as this year has been for trade secrets protection, it’s been every bit as bad for noncompete agreements.
To the surprise of many and the dismay of more than sixteen million United Kingdom voters, the previously unthinkable has occurred, the UK has voted to leave the European Union. In a tightly contested referendum, voters have chosen to end UK’s time as an EU member. Though the referendum is not technically legally binding, most expect the government to heed the voice of the people. READ MORE
This afternoon, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that President Obama chose to sign the bill into law publicly indicates the importance of the new law to the administration. READ MORE