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"Defend Trade Secrets Act" - How Will This New Law Affect Your Business?

With a near unanimous (410-2) vote on April 27, 2016, the House passed the “Defend Trade Secrets Act” (“DTSA”). Having already been passed by the Senate (87-0), the legislation advances to President Obama, who has signaled...more

The Defend Trade Secrets Act Of 2016

Companies seeking to protect their intellectual property should be aware that Congress has created a new federal law designed to prevent the actual and threatened misappropriation of trade secrets. Passed by the House and...more

Congress Enacts Federal Trade Secrets Law

The U.S. House of Representatives recently passed legislation that would protect businesses from the growing threat of trade secrets theft. Under the new legislation, businesses will have a new and powerful option to bring...more

Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

Congress Passes Federal Trade Secret Protection Legislation

Last week in a rare bipartisan move, the House of Representatives passed the Defend Trade Secrets Act of 2016 (DTSA). The Senate approved the bill earlier in April, and President Obama says that he will sign the legislation,...more

The Defend Trade Secrets Act. It’s Coming: What You Need to Know

The Defend Trade Secrets Act (DTSA) is headed to President Barack Obama for his signature, and there is little doubt that President Obama will sign it into law. Below is a summary of what you need to know about this...more

FAQs on the Defend Trade Secrets Act

Q: What is the Defend Trade Secrets Act? The Defend Trade Secrets Act of 2016 (DTSA) is a new federal law that, once signed by President Obama, will amend the Economic Espionage Act of 1996 and provide a private civil...more

The Defend Trade Secrets Act: Coming To A Federal Court Near You; The Federalizing Of Trade Secret And Post-Employment Conduct...

On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that...more

Congress Passes Sweeping New Legislation To Protect Trade Secrets

Last week, in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets. The legislation, which President...more

The New Defend Trade Secrets Act (DTSA): Notable Provisions and Strategic Considerations

The Defend Trade Secrets Act (DTSA) cleared the House by a 410-2 vote on April 27, 2016. The Senate passed the measure on an 87-0 vote earlier this month, and the DTSA is now headed to the White House for President Obama’s...more

Litigation Alert: Congress Overwhelmingly Approves the “Defend Trade Secrets Act of 2016” Paving the Way for Federal Jurisdiction...

Trade secrets law is poised to become federalized. After years of unsuccessful efforts to create a federal cause of action for trade secret theft, Congress has now passed The Defend Trade Secrets Act of 2016 (S.B. 1890). On...more

Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An...

When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and...more

Trade Secrets Going Federal

Yesterday, in an overwhelming 410-2 bipartisan vote, the US House of Representatives passed the Hatch-Coons Defend Trade Secrets Act (DTSA), which would for the first time federalize trade secrets law and provide uniformity...more

New Federal Trade Secrets Protections for Employers

Both the U.S. Senate and House have passed the Defend Trade Secrets Act of 2016 and it is expected to be signed by President Obama in short order....more

Congress Finally Agrees: Passes Federal Trade Secrets Act

After years of legislative fits and starts, the U.S. House of Representatives on April 27, 2016, passed a bill federalizing trade-secret law. President Obama is expected to sign the bill in short order. Titled the “Defend...more

Defend Trade Secrets Act Approved by Congress - The Legislation Has Implications for Employers and Trade Secret Holders Nationwide

The U.S. House of Representatives passed the Defend Trade Secrets Act (DTSA) on April 27, 2016, significant legislation that proposes to amend the Economic Espionage Act. The DTSA had previously passed the Senate and is...more

New Federal Trade Secrets Law Passed – Major Implications for Trade Secret Owners and Their Employees

Congress just passed a major revision to U.S. trade secrets law, with enactment upon the President’s signature likely in early May. Entitled the Defend Trade Secrets Act of 2016 (“DTSA”), the legislation creates for the first...more

Landmark Federal Trade Secrets Legislation on Its Way to President Obama for Signature

As technology accelerates and electronic information theft becomes more difficult to detect and prevent, vigilant companies constantly look for ways to protect the trade secrets they consider their “crown jewels.” The passage...more

Dawning of New Era in Trade Secrets Litigation

Both houses of Congress have now approved a bill (the Defend Trade Secrets Act) that would create a federal civil cause of action for trade secrets misappropriation—a sea change for claims previously subject only to state...more

Down the Road Towards Federalization of Trade Secrets Claims

On April 27, 2016, by a vote of 410 to 2, the House passed the Defend Trade Secrets Act of 2016 (the “Act”). The Act passed the Senate earlier this month and is now headed to the President for his anticipated signature. If...more

Full House Passes Defend Trade Secrets Act

On April 27, the full House of Representatives passed the federal Defend Trade Secrets Act (“the Act”) by an overwhelming vote of 410-2. As we have previously blogged, the Act is likely to be signed by the president and...more

New Federal Law May Be Employers' Strongest Weapon Against Trade Secret Theft

Until now, employers with trade secrets stolen by former employees had to rely upon uneven, hit-or-miss state laws to protect their intellectual property and confidential information. Enter the Defend Trade Secrets Law of...more

Defend Trade Secrets Act of 2016 Heading to White House: What You Should Know Now

Congress has finally passed the anticipated Defend Trade Secrets Act of 2016 (DTSA). The bill, which is now on its way to the White House and is expected to be signed by President Obama, will be effective immediately once it...more

Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,...more

Quirky Question # 276: Ex-Employees Gone Rogue

Question: Our company utilizes confidentiality agreements to try to protect our confidential and proprietary information. One of our former sales employees recently left us to work for a competing company. We have evidence...more

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