Categories
Copyright Patent Law Trade Secrets Trademarks Uncategorized

Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief

jennifer-atkins
Jennifer Atkins of Cloudigy Law

Last spring, the Arts & Entertainment Advocacy Clinic at Scalia Law School filed an amicus brief on behalf of intellectual property law scholars in the Fox News v. TVEyes copyright infringement case. Assisting the students on the project was practicing IP attorney and Scalia Law alum Jennifer Atkins, who volunteered her time—and the time of her firm, Cloudigy Law—to work closely with the Clinic to craft a professional and influential brief.

Cloudigy Law is a boutique intellectual property law firm located in Tysons Corner, Virginia, that was founded by Antigone Peyton, another Scalia Law alum. Expanding the firm’s reach into all areas of IP law, Antigone recruited other Scalia Law alums including Clyde Findley and Jennifer Atkins to build a “cloud-based” intellectual property and technology firm that stresses client communication and offers an innovative service model that big law firms can’t match. Cloudigy’s attorneys stay on top of current developments in IP law through their Decoding IP blog, which includes podcast discussions of the issues important to their clients.

As a result of its unique approach and dedication to the client, Cloudigy has grown to eleven attorneys and technologists who offer high quality strategic advice to help identify and protect IP and realize its value. The firm uses sophisticated enterprise collaboration technology to effectively share knowledge and deadlines within its litigation team and with its clients. Cloudigy values the relationships it has built with smaller clients, and it has adapted and responded to changes in the legal services market to suit their needs.

Jennifer got involved with the Arts & Entertainment Advocacy Clinic through her Scalia Law alumni connections, partnering with Clinic Director and CPIP Senior Scholar Sandra Aistars and meeting with students to discuss project strategy. Because of her background as an appellate clerk for the Honorable E. Grady Jolly at the United States Court of Appeals for the Fifth Circuit and her extensive appellate practice experience as a partner with Kirkland & Ellis, Jennifer was a perfect match for the Clinic—according to Professor Aistars, Jennifer was an “ideal and impressive partner.”

Emphasizing the role of an amicus brief in litigation, Jennifer encouraged the students to assume perspectives different than those of the parties and to utilize effective writing techniques to produce an outstanding brief that would be useful to the court. As the students worked through drafts, Jennifer made valuable suggestions that helped them get at the underlying policy issues and flesh out a persuasive argument. Working alongside a seasoned professional through the amicus brief process was a truly invaluable experience for the Clinic students and something that they’ll draw on as they begin their legal careers. Jennifer also expressed her appreciation for the opportunity to guide the students through the process, saying it was a “great way for us to give back to our law school.”

As the Arts & Entertainment Advocacy Clinic begins another semester of work, connections with Scalia Law alums and IP professionals* will continue to provide the students with unique opportunities and to foster the mutually beneficial relationships that represent Scalia Law’s esteemed IP law program.

*Lawyers and IP professionals who would like the Clinic to weigh in on a pro-artist copyright case or who would like to explore other volunteer opportunities with the Arts & Entertainment Advocacy Clinic may contact Sandra Aistars at saistars@gmu.edu.

Categories
Innovation Legislation Trade Secrets Uncategorized

Debunking Myths About the Proposed Federal Trade Secrets Act

By Mark Schultz

Today, CPIP is proud to release a paper authored by the nation’s preeminent expert on trade secret law, James Pooley. Mr. Pooley’s paper explains the arguments in favor of the Defend Trade Secrets Act of 2015 (“DTSA”), which is currently being considered by Congress. To download the paper, please click here.

The DTSA would create a federal cause of action for trade secret misappropriation. The legislation has been proposed via identical House (H.R.3326) and Senate (S.1890) bills. While trade secret theft has been a federal crime since 1996 pursuant to the Economic Espionage Act, civil claims have been left to state laws. The new bill would provide nationwide federal jurisdiction, while retaining the parallel state laws.

Trade secrets have become increasingly important at the same time they have become more vulnerable. Research in the US and Europe shows that trade secrets are the kind of IP most widely and universally relied upon by businesses. They are particularly important to small businesses. However, they can be stolen more easily than ever. Vital proprietary information that once would have resided in file cabinets and that would have taken days to copy now can be downloaded at the speed of light.

The DTSA is needed to improve the speed and efficiency of trade secret protection in the US. By some measures, as my own research for the OECD with my co-author Doug Lippoldt showed, the US has the strongest laws protecting trade secrets in the world. However, the multi-jurisdictional approach taken by the US presents a unique challenge to enforcing trade secrets quickly and efficiently. Investigating claims, conducting discovery, and enforcing claims in multiple states takes time. In an ordinary tort or contract case, such delays are usually manageable. In a trade secret case, even small delays can make the difference between rescuing a multi-million dollar secret and seeing its value destroyed utterly.

The proposed DTSA has enjoyed broad support from a coalition of large and small businesses. The bill has been largely uncontroversial, except among some legal academics. We have become accustomed to reflexive academic skepticism of improving IP rights, but some of the arguments against the DTSA have been truly puzzling.

The most puzzling academic argument against the bill is the claim that adding federal jurisdiction to trade secret enforcement will give rise to a new class of trade secret “troll.” It’s hard to see this claim as anything other than a mere rhetorical attempt to piggyback on the (largely specious) patent “troll” issue. According to research conducted for the European Commission, as well as widespread anecdotal evidence, firms routinely forego litigating trade secret claims for fear of revealing their proprietary information. It is thus hardly credible that they would expose their secrets in order to “troll,” especially merely because they now have easier access to federal courts.

Mr. Pooley’s paper explains the benefits of the DTSA while carefully refuting the “troll” myth and other arguments against the bill. The article includes a timely response to an academic letter released today expressing opposition to the DTSA.

Categories
Copyright History of Intellectual Property Innovation Inventors Trade Secrets Trademarks Uncategorized

Strong IP Protection Provides Inventors and Creators the Economic Freedom to Create

Here’s a brief excerpt of a post by Terrica Carrington that was published on IPWatchdog.

CPIP went against the grain with this conference, and showed us, bit by bit, what our world might look like today without intellectual property rights. Music wouldn’t sound the same. Movies wouldn’t look the same. You wouldn’t be reading this on your smartphone or have access to the cutting-edge biopharma and healthcare products that you rely on. And some of our greatest artists and inventors might be so busy trying to make ends meet that they would never create the amazing artistic works and inventions that we all enjoy. In short, CPIP explored how intellectual property rights work together as a platform that enables us to innovate, share, and collaborate across industries to develop incredible new products and services at an astounding rate.

To read the rest of this post, please visit IPWatchdog.