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Defend Trade Secrets Act (DTSA)

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more

Series: Defend Trade Secrets Act | Lessons in Surviving a Motion to Dismiss

by Fish & Richardson on

Our colleague Olga May recently blogged about how to plead a claim under the DTSA. In this next installment of the DTSA series, we’ll take a deeper look at some samples from the rapidly-expanding set of decisions addressing...more

Series: Defend Trade Secrets Act | Pleading A Claim Under the DTSA

by Fish & Richardson on

Courts have had over a year to address the pleading requirements under the federal Defend Trade Secrets Act (“DTSA”), after it took effect in May 2016. The general pleading standard remains the plausibility test under the...more

Three Urgent Questions to Ask When Trade Secrets Migrate Across Borders

by Kobre & Kim on

Today’s employees can quickly become tomorrow’s trade rivals. Seamless information-sharing among an increasingly global workforce is great — until key knowledge lands in competitors’ hands. It may be tempting for teams and...more

The Data Report Episode 11: Don't Be an Easy Target

by Bilzin Sumberg on

Module Three: Small Businesses & Start-Ups Attacks against small businesses have dramatically risen over the last few years. Litigation attorney Jay Ward discusses why companies should be concerned in a new episode of The...more

Trade secrets are more important, and trade secret litigation is more common: 7 questions to ask yourself about protecting your...

by DLA Piper on

In today's business environment, trade secrets have become much more important, and trade secret litigation much more common. The trade secret environment we are living in is very different from that of ten years ago, or even...more

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more

Recent Illinois Developments in Employee Non-Compete and Trade Secret Enforcement Actions: What Every Employer Should Know

by Franczek Radelet P.C. on

Over the past several months, state and federal courts in Illinois have issued several important decisions that will impact employers’ efforts to enforce post-employment restrictive covenants and protect their trade secrets....more

EVEN BAMBI IS A TRADE SECRET: Eastern District Of Texas Finds That Lineage and Genetic Information of Deer Are Trade Secrets,...

As surprising as it may be to city dwellers, the deer farming industry generates $3 billion per year for the U.S. economy. According to the North American Deer Farmers Association, “deer farming is one of the fastest growing...more

Evolutions in Whistleblowing: What Federal Contractors Need to Know

by PilieroMazza PLLC on

Last year produced major changes in the whistleblowing landscape: whistleblower protections for federal contractor employees who disclose waste, fraud, and abuse were made permanent under the National Defense Authorization...more

The Third Circuit Addresses the Defend Trade Secrets Act and Appears to Have Applied the Inevitable Disclosure Doctrine

by Seyfarth Shaw LLP on

The Defend Trade Secrets Act (DTSA) states very clearly that an injunction issued pursuant thereto may not “prevent a person from entering into an employment relationship,” and that any conditions placed on a former...more

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

by Seyfarth Shaw LLP on

Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

Gnireenigne

Reverse engineering (now does the title make sense?) is a common and legitimate business practice. The federal Defend Trade Secrets Act even specifically excludes reverse engineering from the definition of misappropriation:...more

Illinois Federal Court Allows Inevitable Disclosure Theory in Defend Trade Secrets Act Case

by Seyfarth Shaw LLP on

On May 11, 2017, a Northern District of Illinois federal court ruled that a Plaintiff properly alleged misappropriation under both the federal Defend Trade Secrets Act (DTSA) and the Illinois Trade Secrets Act (ITSA) in a...more

Amendments to Texas UTSA Bring it Closer in Line with DTSA, but Differences Remain

Just four years after the Lone Star State ended its holdout by becoming the 48th State to adopt the Uniform Trade Secrets Act, Texas passed a bill to amend its enactment. The bill was signed by Texas Governor Greg Abbott on...more

Texas Legislature Clarifies and Expands the Texas Uniform Trade Secrets Act

by Seyfarth Shaw LLP on

On May 19, 2017, Texas Governor Greg Abbott signed into law several amendments to the Texas Uniform Trade Secrets Act (“TUTSA”), located in Chapter 134A of the Texas Civil Practice & Remedies Code. The amendments go into...more

Series: Defend Trade Secrets Act | The DTSA and Inevitable Disclosure Meet: Molon Motor and Coil Corp. v. Nidec Motor Corp.

by Fish & Richardson on

A recent DTSA decision from the District Court for the Northern District of Illinois tackled the inevitable disclosure doctrine—an area that DTSA aficionados have been keenly watching given the statute’s express disavowal of...more

Emerging Issues In the Defend Trade Secrets Act’s Second Year

by Seyfarth Shaw LLP on

One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for...more

Patents or Trade Secrets? Yes, Please.

by Hogan Lovells on

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s...more

Texas Amends its Uniform Trade Secrets Act

by Littler on

Last month, Texas’s legislature amended the Texas Uniform Trade Secrets Act (TUTSA). These amendments expand and clarify TUTSA’s definitions, add a clarification to enjoining trade secrets misappropriation, and codify a...more

Court Allows Plaintiff to Amend Complaint to Add Defend Trade Secrets Act Claim After Discovery Reveals Alleged Continued...

by Seyfarth Shaw LLP on

A Northern District of California court recently held a plaintiff could amend its complaint to add a Defend Trade Secrets Act (“DTSA”) claim when discovery showed continued misappropriation after the enactment of the DTSA on...more

Trade Secrets May Retain Protections Despite Disclosure to Single Competitor

by Seyfarth Shaw LLP on

The Ninth Circuit recently held in United States v. Liew that it was not plain error for the district court not to instruct the jury that disclosure “‘to even a single recipient who is not legally bound to maintain [a trade...more

Courts Still Heavily Favor Rule 65 TROs Over DTSA Ex Parte Seizures

The Defend Trade Secrets Act of 2016 was signed into law by President Obama on May 11, 2016. While the DTSA has been on the books for over a year, relatively few courts have addressed the ex parte seizure provision and even...more

It’s Inevitable: Pleading Trade Secret Misappropriation Under the Defend Trade Secrets Act of 2016

by K&L Gates LLP on

The Defend Trade Secrets Act (“DTSA”), enacted on May 11, 2016, provides the first private federal cause of action for trade secret misappropriation and allows employers whose trade secrets have been misappropriated to head...more

The Defend Trade Secrets Act: The Year in Numbers

by Fish & Richardson on

On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act (DTSA). Before the passage of the DTSA, each state had its own trade secret regime, whether through some variation of the Uniform Trade...more

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Cybersecurity

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