General Business Civil Procedure Civil Remedies

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Trade Secrets Claims Reach Federal Court: New Law Changes Jurisdiction, Remedies and Duties

Until May 12, 2016, trade secret law was the only area of intellectual property law left largely to state courts and state law. But no longer. On May 12, President Obama signed the Defend Trade Secrets Act of 2016, Pub. L....more

General Court of the EU Dismisses Trioplast Application Seeking Reimbursement of Interest Paid for Being Late in Paying Cartel...

With a judgment handed down on 12 May 2016 (Case T-669/14, Trioplast Industrier AB v. European Commission), the General Court of the European Union (GCEU) dismissed an action brought by Trioplast Industrier AB (Trioplast...more

Arbitration Agreements: Make Your Own Rules of Civil Procedure

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

The Defend Trade Secrets Act: What You Should Do Now

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is an expansion of the Economic Espionage Act of 1996 and generally authorizes a civil action in federal court for the...more

Bring Out the Body Bags: Seller’s Covenant, In Asset Sales Agreement, Not To Compete Within 150 Miles For 10 Years Unenforceable

Palmetto bought the assets of Knight Systems’ mortuary transport business. The agreement of purchase and sale included (a) Palmetto’s commitment to buy body bags, at specified discounted prices, exclusively from Knight...more

FTC Blocks Staples’ Acquisition of Office Depot

After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more

Ninth Circuit Bankruptcy Appellate Panel Holds that an Oversecured Creditor Is Entitled to Default Interest After the Petition...

In Wells Fargo Bank, N.A. v. Beltway One Dev. Grp., LLC (In re Beltway One Dev. Grp., LLC), 547 B.R. 819 (B.A.P. 9th Cir. 2016), the Ninth Circuit Bankruptcy Appellate Panel recently held that an oversecured creditor is...more

New York Enforcement Update

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Take Notice (And Give Notice!): The “Defend Trade Secrets Act of 2016” (DTSA) Requires Immediate Employer Action

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, creating the first federal civil cause of action for misappropriation of trade secrets. One provision of the DTSA requires immediate action by...more

How Much Would You Charge To Let Your Counterparty Breach The Contract – Wrotham Park Damages

The Court of Appeal's decision in Karen Morris-Garner & Andrea Morris-Garner v OneStep (Support) Ltd [2016] EWCA Civ 180 suggests that Wrotham Park damages may become more common as a remedy for breach of contract. These...more

New Federal Trade Secret Act: What Businesses Need To Know

Trade secrets are the oldest form of intellectual property and, unlike patents, trademarks and copyrights, the value of a trade secret arises from others not knowing the secret. Companies such as Coca-Cola, WD-40, Heinz 57,...more

Defend Trade Secrets Act is Enacted

In late April, Congress approved the Defend Trade Secrets Act of 2016 (“DTSA” or the “Act”) with over-whelming bipartisan majorities. President Obama signed DTSA into law on May 11, and it takes effect immediately. First...more

Supreme Court’s Spokeo Decision Erects Barriers for Privacy and Data Security Plaintiffs

On May 16, 2016, the United States Supreme Court in Spokeo, Inc. v. Robins confirmed that a “concrete” injury is required of all private parties seeking to assert claims in federal court, even those alleging violations of a...more

Civil Seizure to Dominate Litigation Under the Defend Trade Secrets Act

With a stroke of the pen, President Obama signed into law the first-ever federal trade secrets regime, opening federal courthouse doors to all trade secrets litigants. While federal subject matter jurisdiction is widely...more

The Defend Trade Secrets Act of 2016: What Business Owners Need to Know

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA) of 2016. It became effective immediately. The DTSA — which amends the Economic Espionage Act (18 U.S.C. § 1831) — establishes a federal...more

Client Alert: New Federal Trade Secrets Law Brings Major Implications for Trade Secret Owners and Their Employees

On May 11, 2016, President Obama signed the Defend Trade Secrets Act into law. The Act amends the existing Economic Espionage Act, but more importantly, it creates for the first time a federal civil cause of action to...more

How the Recently Passed Defend Trade Secrets Act of 2016 Affects Your Business

Recently, U.S. Congress passed the landmark Defend Trade Secrets Act of 2016 (DTSA), which will now make its way to the desk of President Obama, who has already voiced his support and indicated that he intends to sign the...more

Just When Your Handbook Thought it Was Safe to Go Back In the Water: The Impact of the Defend Trade Secrets Act on Employers

On April 27, 2016, the U.S. House of Representatives approved the Defend Trade Secrets Act (DTSA) by a 410-2 vote, the DTSA previously passed the Senate with an 87-0 vote. The DTSA provides employers with federal jurisdiction...more

The New Federalization of Trade Secret Law – What You Should Know About the DTSA

In Depth - On May 11, 2016, the Defend Trade Secrets Act of 2016 (DTSA) officially became law, thereby creating, for the first time, a federal private civil cause of action for misappropriation of trade secrets. The...more

Newly Enacted “Defend Trade Secrets Act” Requires Notice Provision to Be Added to Future Confidentiality Agreements to Preserve...

As you may have heard, on May 11, 2016, President Obama signed into law the new federal Defend Trade Secrets Act (DTSA). This is a significant and comprehensive law that now allows holders of trade secrets to pursue civil...more

Trade Secrets Going Federal: President Obama Signs into Law Landmark Defend Trade Secrets Act Requiring Immediate Action by All...

On Wednesday, President Obama signed into law the groundbreaking Defend Trade Secrets Act (DTSA), which for the first time creates a federal civil remedy for trade secret misappropriation and provides uniformity (and...more

Defend Trade Secrets Act of 2016 - Client Advisory

This week, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. Widely described as the most significant expansion of federal intellectual property law in years, the DTSA creates a new federal cause of...more

Federal trade secrets act signed into law

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA), the most significant federal trade secrets legislation to be enacted in decades, and perhaps ever. Under the DTSA, trade secrets owners...more

Third Try is a Charm - Defend Trade Secrets Act of 2015 Enacted Into Law

For the third consecutive year, Congress introduced legislation to create a civil federal cause of action for trade secret misappropriation. Unlike previous years, the identical Defend Trade Secrets Act (“the DTSA”) was...more

The Defend Trade Secrets Act: Federalizing Trade Secret Law

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA). The United States House of Representatives voted 410-2 to approve the legislation following the Senate’s earlier unanimous approval of the...more

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