The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take...more
5/19/2016
/ Attorney's Fees ,
Confidential Information ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Employees ,
Employment Contract ,
Immunity ,
Independent Contractors ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Notice Requirements ,
Trade Secrets ,
Whistleblower Protection Policies
After overwhelming passage in both the House and Senate, President Obama signed the Defend Trade Secrets Act into law on April 11, 2016. The Act provides a truly uniform, nationwide set of standards for protecting trade...more
As expected, overwhelming support for the Defend Trade Secrets Act of 2016 led to its passage in the U.S. House of Representatives yesterday by a 410-2 vote. During the floor debate, one Congressman noted that “Congress has...more
4/29/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
Pending Legislation ,
Private Right of Action ,
Remedies ,
Trade Secrets ,
Whistleblower Protection Policies
The U.S. Senate has unanimously approved a bill increasing the protections available to companies for their commercial secrets. The Defend Trade Secrets Act of 2016 (DTSA or the Act) provides for the first time a truly...more
4/12/2016
/ Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Intellectual Property Protection ,
Misappropriation ,
Pending Legislation ,
Popular ,
Private Right of Action ,
Remedies ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Whistleblower Protection Policies
On April 4, 2014, the Department of Labor (DOL) issued an Interim Final Rule establishing procedures concerning the manner in which the Occupational Safety and Health Administration (OSHA) will address employee whistleblower...more
During a recent panel discussion at the Georgetown University Law Center’s 18th Annual Corporate Counsel Institute, the head of the U.S. Securities and Exchange Commission’s Office of the Whistleblower, Sean McKessy, warned...more
In the first SOX whistleblower case to be heard by the U.S. Supreme Court, the Court held on March 4 that the Sarbanes-Oxley Act of 2002 (SOX) prohibits private contractors of publicly traded companies from retaliating...more
A recurring question under the federal whistleblower laws is whether plaintiffs suing their employers for retaliation have the right to a jury trial. The Dodd-Frank Wall Street Reform and Consumer Protection Act1 appears...more
1/10/2014
/ Adverse Employment Action ,
Consumer Protection Act ,
Dodd-Frank ,
Employer Liability Issues ,
Financial Regulatory Reform ,
Hiring & Firing ,
Jury Trial ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Termination ,
Whistleblower Protection Policies ,
Whistleblowers
Since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, a number of federal courts have grappled with the scope of the Act’s new protections for employee “whistleblowers.” Until recently,...more