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The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

New Federal Law Protects Trade Secrets

A company’s trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new...more

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more

Texas Appellate Court Affirms Injunctive Relief and $2.8 Million Award in Attorney’s Fees Against Former Employee in Trade Secret...

A Texas Court of Appeals held on August 22, 2016, that a former employer was entitled to $2.8 million in attorney’s fees against a former employee who used the employer’s information to compete against it. The Court reached...more

Attention, Businesses! Federal Law Provides New Tools for Protecting Your Trade Secrets

Your business’s formula for success may not be akin to a recipe for a secret sauce. But it is likely that you do not want to share with your direct competitors the unique business methods you have developed over time or your...more

Industrial Espionage and the Defend Trade Secrets Act

American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more

Court Dismisses Case Filed Under the Defend Trade Secrets Act

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of...more

Trade Secrets Law: The Inevitable Disclosure Doctrine is Not Yet Dead

A Memorandum and Order issued on August 3, 2016 by a United States District in Missouri is an early illustration of the interplay between state non-competition and trade secret law and the recently enacted (May 11) federal...more

You Cannot Create A Restrictive Covenant Out of Thin Air

I recently read a lengthy, and I have to admit, well-crafted letter by one employer (who I will call Company A) accusing a former executive (Mr. B) of violating every conceivable restriction relating to recruiting employees...more

Defend Trade Secrets Notification Requirement

Most companies are aware that President Obama recently signed into law new federal trade secret protection, entitled the Defend Trade Secrets Act (DTSA). The DTSA provides protection for trade secrets similar to that found in...more

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...more

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

Mid-Year Review: New Non-Compete Legislation in 2016

In the first half of 2016, we have already seen significant changes to a number of state non-compete laws. In this post, we provide a compilation of recently enacted legislation in Alabama, Connecticut, Idaho, Oregon, and...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

[Webinar] Defend Trade Secrets Act and Ex Parte Seizures: Strategic Considerations - July 20th, 1:00p.m. ET

The Defend Trade Secrets Act recently passed in Congress is designed to expand the toolbox for trade secret protection, and it necessitates changes to agreements and policies with contractors, consultants and employees....more

Does The Federal Trade Secrets Act Make A Difference For Connecticut Employers?

The federal Defend Trade Secrets Act (the President signed it on May 11th) went on the books with a lot of fanfare. For the first time, employers (and other trade secret owners) have a federal law claim for trade secret...more

How to Prepare for Theft of Company Information

Companies should take three steps now to ensure use of the Defend Trade Secrets Act. In May, President Barack Obama signed into law the Defend Trade Secrets Act that creates a federal civil cause of action for the...more

Trade Secrets Directive Adopted by the European Council

Almost three years after its initial proposal, the Trade Secrets Directive has been formally adopted by the European Council and published in the Official Journal on 15 June (2016/943/EU). Member states will have until 9 June...more

Another Challenge for Information Governance: The Defense of Trade Secrets Act

Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade...more

New Federal Trade Secret Statute Requires Important Updates To Contracts And Policies

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover...more

Gavel to Gavel: DTSA opens federal courthouse doors

In May, President Obama signed into law the Defend Trade Secrets Act of 2016, which permits trade secret owners to seek relief for trade secret misappropriation in federal court. Originally published in The Journal...more

Employment Law Commentary - Volume 28, Issue 6 - June 2016

The Defend Trade Secrets Act – What Employers Need To Know Right Now - Trade secrets are a critical component of the intellectual property of a company, either standing alone or as a complement to a company’s patent...more

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic...more

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