updated Sat. July 2, 2022
March 23, 2018
In a ruling on Thursday (22 March), the European Court of Justice stated that the results of the infamous 'trilogue' meetings that decide EU laws are a “decisive' stage of EU law-making and should be made public on demand. Trilogues constitute a “decisive stage in the legislative process, which entailsÃÂ ...
March 12, 2018
17-0939 WHA, which went to trial in February of this year. The case settled after four days of trial. The Recorder recently published an article on other aspects of trade secret law in Waymo v. Uber by Max's colleagues, Karen Dunn and Meredith Dearborn, titled “Protecting Trade Secrets and Prevent FrontalÃÂ ...
March 7, 2018
... of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for trade secret theft, protections for whistleblowers, and new remedies (e.g., ex parte seizure of property), that were not previously available under state trade secret laws.
Yale Daily News (blog)
February 27, 2018
A favorable … decision on the merits of our motion would help inform the public about the scope of government surveillance and help curb the spread of secret law.” The immediate question is whether or not the clinic has a right to bring a claim to the lower court — that is, whether they have legal standing.
January 26, 2018
China saw significant developments in trade secret law in 2017. The new Anti-Unfair Competition Law substantially strengthens trade secret protection in the civil and administrative proceedings. A series of high-profile trade secret cases demonstrated that rights owners are taking trade secret moreÃÂ ...
October 11, 2017
We've called this practice “secret law.” Each time this happens, the government further damages the public trust necessary for the government, and in particular intelligence agencies, to function. One need look no further than when the massive surveillance dragnet of millions of Americans' phone recordsÃÂ ...
September 20, 2017
Did you know we have secret laws? Not just secret from the American people, but secret from everyone, except for the President and a select few. No votes in Congress, no committee meetings, no blue ribbon panels, no congressional hearings, just the President's John Hancock on the bottom — and it'sÃÂ ...
June 29, 2017
This week, three national security committees are “marking up” drafts of their annual bills. Based on the early drafts (the “Chairman's marks”), this year will likely see Congress continuing to write Public Law provisions creating secret law at an historically high tempo. Last year on Lawfare, I summarized theÃÂ ...
New York Times
October 18, 2016
Secret law persists even in areas where we thought the secrecy had ended. Although President Obama is often credited for releasing controversial memos written by the Justice Department's Office of Legal Counsel under the Bush administration — such as the infamous “torture memos” — new data showÃÂ ...
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