General Business Intellectual Property Civil Remedies

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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

MAG Aerospace Industries, Inc. v. B/E Aerospace, Inc. (Fed. Cir. 2016) - Equitable Assignor Estoppel Doctrine Expanded by Federal...

Arcane aspects of the law are frequently analogized as constituting "traps for the unwary," and patent law seems to have more than its share of minutiae that fall within that characterization. The equitable principle of...more

Five Questions You Should Ask About the Defend Trade Secrets Act

What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act? Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The...more

New European Union Rules Provide for the Prohibition of Imports Violating Trade Secrets

On 15 June 2016, new rules for the protection of trade secrets and confidential information1 in the European Union EU were published. The Trade Secrets Directive provides measures against the unlawful acquisition, use, and...more

Trade Secrets Now Federally Protected Intellectual Property

Some of the most valuable intellectual property that companies own — their trade secrets — now enjoy federal protection, alongside patents, trademarks and copyrights. Designed to strengthen and supplement the protection of...more

Quirky Question #281: Deploying the DTSA

Question: We believe our former employee recently stole some of our trade secrets and went to a competitor. Can we rely on the Defend Trade Secrets Act to bring suit in federal court?...more

Practical Steps for Employers Following Passage of the Federal Trade Secrets Act

California has long provided protection for a company’s trade secrets through the California version of the Uniform Trade Secrets Act (“UTSA”). On May 12, 2016, new federal protection for trade secrets became effective under...more

The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more

Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing

In a clash between two major oil companies, the Texas Supreme Court ruled May 20, 2016 that the recently enacted Texas Uniform Trade Secrets Act (“TUTSA”) allows the trial court discretion to exclude a company representative...more

Misappropriation of Trade Secrets: Make a Federal Case Out of It (Under the Defend Trade Secrets Act)

Last month, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law, which permits plaintiffs to bring civil claims for misappropriation of trade secrets in federal court. While trade secret theft has been a...more

Harmonization of Trade Secrets in Europe and New US Trade Secrets Law Gets the Green Light—What Do These Changes Mean for...

A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more

CardiAQ Wins $70 Million in Trade Secrets Suit

A federal jury found in favor of CardiAQ in a lawsuit filed against former service provider, Neovasc. The jury found that Neovasc breached the non-disclosure agreement between the parties, misappropriated CardiAQ’s trade...more

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

FTC Maintains Aggressive Stance Against Pay-for-Delay Deals

A recent complaint filed by the Federal Trade Commission (FTC) indicates that the agency is continuing its aggressive pursuit of agreements between drug manufacturers that delay the entry of generic pharmaceuticals into the...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

New Defend Trade Secrets Act Requires Employers to Include Disclaimers in All Confidential Information Agreements

On May 16, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The new law takes immediate effect and will provide important new federal protections against unauthorized disclosure of...more

Obama Signs Law Giving Trade Secrets Federal Protection

A company’s confidential trade secrets are their most coveted assets and give a company a competitive edge over its competitors. Such trade secrets may include product specifications and formulas, recipes, computer...more

Pssst, The Secret Is Knowing What You Can’t Do With The Defend Trade Secrets Act

The Defend Trade Secrets Act (“DTSA”) became law with President Obama’s signature on May 11, 2016. The DTSA is an amendment to the Economic Espionage Act of 1996 and, for the first time, affords a federal private right of...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

Defend Trade Secrets Act Creates New Federal Claim For Misappropriation of Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...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

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

How the New Trade Secrets Law May Affect You

A week ago, on May 11, 2016, the President signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have been taken. What has been less heralded,...more

Congress Creates Federal Right of Action for Trade Secret Misappropriation

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), which enables companies to go to federal court to sue for misappropriation of trade secrets. The new federal right of action for owners...more

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