Jodi Benassi
- Indexed articles, last 90 days
- 5
- Latest publication
- Oct 1, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 23, 2026
Latest articles
DMCA Requirements for CMI Removal Not Always Met in AI Code Writing (opens the original)
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The US Court of Appeals for the Ninth Circuit affirmed the dismissal of Digital Millennium Copyright Act (DMCA) claims that alleged artificial intelligence (AI) tools removed or altered copyright management information (CMI) from the programmers’ protected works. Doe et al. v. GitHub, Inc., et al., Case No. 24-7700 (9th Cir. Sept. 16, 2026) (Thomas, Miller, Blumenfeld, JJ.) GitHub operates a platform where developers can store, manage, and share software code. GitHub Copilot and OpenAI Codex are
Federal Circuit: Unjust Enrichment Available as Damages Theory for Trade Secret Misappropriation (opens the original)
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The US Court of Appeals for the Federal Circuit vacated a judgment limiting a trade secret plaintiff to a reasonable royalty based on the parties’ licensing history, finding that unjust-enrichment damages are available under the Defend Trade Secrets Act (DTSA) and Michigan Uniform Trade Secrets Act (MUTSA). The Court rejected the defendant’s argument that liability for misappropriating a combination trade secret requires proof that the defendant knew each specific element comprising the combinat
Irreparable Harm? Don’t Bury Your Trade Secret (opens the original)
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The US Court of Appeals for the Eighth Circuit affirmed the denial of a preliminary injunction, finding that the district court did not abuse its discretion in concluding that the plaintiff’s asserted harms, including lost profits and injury from the alleged trade secret injury, could be adequately remedied through monetary damages. Revenue Management Solutions, LLC v. Commerce Bank, Case No. 25-3159 (8th Cir. July 23, 2026) (Gruender, Benton, Erickson, JJ.) Revenue Management Solutions (RMS) li
Specificity Matters- Eighth Circuit Rejects Broad Trade Secret Claims (opens the original)
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The US Court of Appeals for the Eighth Circuit affirmed a district court’s summary judgment against a trade secret plaintiff, finding that the plaintiff’s broad descriptions of confidential business information failed to identify its alleged trade secrets with sufficient specificity. Wilbur-Ellis Company v. Gompert, et al., Case Nos. 25-1577; -1682 (8th Cir. July 7, 2026) (Shepard, Erickson, Grasz, JJ.) Wilbur-Ellis, an international marketer and distributor of agricultural products, specialty c
A $40 Million Jury Instruction Error Sends Trade Secret Dispute Back to Trial (opens the original)
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The US Court of Appeals for the Ninth Circuit reversed a jury damages award, a permanent injunction, and an attorneys’ fee award in a trade secret misappropriation case, finding that the district court improperly instructed the jury on which party bore the burden of proving whether the asserted trade secrets were “readily ascertainable through proper means.” Comet Technologies USA, Inc. et al. v. XP Power, LLC, Case Nos. 23-15601; 25-15709; 25-745 (9th Cir. July 14, 2026) (Hamilton, Nelson, Buma
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