Confidential Information

News & Analysis as of

Wine, Steak, and Massage Parlors Are Personal Benefits for Insider Trading

On May 26, 2016, the U.S. Court of Appeals for the First Circuit held that friends’ gifts of wine, steak dinners, and other luxury items can constitute the types of personal benefit needed to establish a breach of duty in...more

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more

New EU Trade Secrets Directive Formally Adopted

The new EU Trade Secrets Directive aims to harmonise the protection of trade secrets across all EU Member States. The reform seeks to give businesses greater confidence in sharing trade secrets across multiple Member States...more

Whistleblower Immunity Required Under Defend Trade Secrets Act

The new Defend Trade Secrets Act (“DTSA”) allows owners of trade secrets to now bring a civil action in federal court to protect their trade secrets and confidential information. Further, under the DTSA, a trade secret owner...more

Data Privacy Considerations for Starting or Evaluating a Bounty Program

Data security officers typically look for security risks by monitoring reports from automated security systems, listening to employees’ reports of security issues, and/or auditing IT systems. There is a great deal of debate,...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

Use of Company Policies To Establish The Violation of A Fiduciary Duty

Plaintiffs often seek discovery on a financial institution’s policies and procedures with an eye towards using that evidence against the institution. If a financial institution’s representative or representatives did not live...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

Federal Defend Trade Secrets Act Takes Effect

Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...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

Unionized Employers, Take Note: E-Verify Is a Minefield

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

When HR Meets Law: Risks engendered by use of social media during employment

(English and Chinese Version) The prevalent use of social media during employment may create potential risks for companies ranging from information leaks to reputation damage. DLA Piper discusses possible supervisory...more

Defend Trade Secrets Act Contains New Immunity Notification Requirements for Employers

The new Defend Trade Secrets Act (DTSA), signed into law by President Obama on May 11, 2016, creates a new private civil cause of action in federal court for trade secret misappropriation. Prior to the DTSA, trade secret...more

The New Federal Trade Secrets Law: What You Need to Know

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act (DTSA) into law. This is the first federal private right of action for trade secret misappropriation. The key aspects to this new law are...more

California Telecom Providers File Suit to Protect Competitively Sensitive Information

On May 5, AT&T Mobility along with several other telecommunications providers and trade associations filed a complaint in the Northern District of California against the California Public Utilities Commission (“CPUC”)...more

Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act

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

The Federal Defend Trade Secrets Act - Immediate Implications for Businesses That Utilize Employment Agreements and Contracts To...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which provides uniform federal protection for trade secrets and confidential business information. The DTSA received bi-partisan...more

Internal Investigations and Privilege: A Redux

An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...more

Connecting the Dots with DTSA

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law by President Obama on Wednesday, May 11, 2016. This new act is the final piece of the federal law puzzle regarding intellectual property protections. Until...more

Federal Trade Secrets Act Now Law: What Companies Should Know

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”). The measure had previously been passed by the U.S. House of Representatives 410-2 on April 27, 2016, quickly following the U.S. Senate’s...more

How the Defend Trade Secrets Act Helps Businesses

On May 11, President Obama signed into law the Defend Trade Secrets Act (DTSA). The DTSA provides companies with a federal cause of action to enforce their trade secret rights. The legislation passed with major bipartisan...more

The Auto Industry Has a New Weapon To Protect Its Secrets

President Obama signed the Defend Trade Secrets Act (“DTSA”) into law on Wednesday, May 11, 2016. Members of the auto industry spend significant time and money developing trade secrets that give them a competitive advantage....more

The Defend Trade Secrets Act: What It Is and What It Means for U.S. Businesses

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), establishing for the first time a civil cause of action under federal law for the misappropriation of trade secrets. The legislation recognizes the...more

Time to Review Your Confidentiality Agreements: New Federal Trade Secrets Act Creates Private Right of Action and Imposes New...

The Defend Trade Secrets Act of 2015 (DTSA), which establishes a new federal private right of action for trade secret misappropriation, is now the law. Trade secrets, the fourth leg of the intellectual property chair, have...more

President Obama Signs Law Providing Federal Trade Secret Protections

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), providing a federal civil cause of action for the misappropriation of trade secrets under the Economic Espionage Act. Both the Senate...more

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