News & Analysis as of

Defend Trade Secrets Act (DTSA) Preemption

Dorsey & Whitney LLP

CBD Pain Cream Producer Feels the Pain from Dismissal of its Trade Secrets Claims for Lack of Misappropriation Evidence

Dorsey & Whitney LLP on

A federal magistrate judge in the United States District Court for the Southern District of Florida, in a trade secrets dispute involving CBD-based pain cream, recently granted summary judgment in favor of all but one...more

Hicks Johnson

A Guide to Texas Trade Secret Laws

Hicks Johnson on

What companies need to know as disputes grow larger, more frequent - Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...more

Seyfarth Shaw LLP

Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law

Seyfarth Shaw LLP on

On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more

Holland & Knight LLP

The UTSA and Preemption of Other Claims - A Trade Secret Claim By Any Other Name (Usually) Does Not Smell So Sweet

Holland & Knight LLP on

In drafting initial pleadings, some litigators assert every cause of action that could possibly fit the facts, so as to protect their clients from every angle. This approach requires extra care when one of the claims arises...more

Seyfarth Shaw LLP

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

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

Knobbe Martens

The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual...

Knobbe Martens on

On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and...more

Sheppard Mullin Richter & Hampton LLP

The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

Although some version of the Uniform Trade Secrets Act (“UTSA”) has widely been adopted by most states, including California, variations among the versions and related judicial interpretation has led to...more

Moore & Van Allen PLLC

Another Challenge for Information Governance: The Defense of Trade Secrets Act

Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade...more

Laner Muchin, Ltd.

President Obama Signs Federal Trade Secrets Bill

Laner Muchin, Ltd. on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating the first federal trade secrets law. Previously, employers protected trade secrets through filing claims brought under various...more

Best Best & Krieger LLP

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

Knobbe Martens

The Current State of Trade Secret Law and how the New Federal Statute Will Shape the Landscape

Knobbe Martens on

Trade Secret Protection Schemes: •State: Uniform Trade Secrets Act –Adopted in various forms between 1979 and 2013 •Common Law –New York and Massachusetts •Federal: Defend Trade Secrets Act –Amends the...more

Nutter McClennen & Fish LLP

DTSA in a Nutshell

The Defend Trade Secret Act of 2016 (DTSA) was passed on April 4, 2016 by the Senate, and on April 27, 2016 by the House of Representatives. There is no change between the House (H.R. 3326) and the Senate (S. 1890) versions....more

Mintz - Intellectual Property Viewpoints

Explaining the Provisions of the Defend Trade Secrets Act

The Defend Trade Secrets Act (DTSA) is now one signature away from becoming law. On April 4, 2016, the Senate unanimously passed the DTSA and, last week, on April 27, the House of Representatives followed suit, passing the...more

Orrick - Trade Secrets Group

New Year, New Progress: The Defend Trade Secrets Act Reports Out From the Senate Judiciary Committee

As previously reported on TSW, the road to federal right of action for trade secrets misappropriation has been a long one. In the absence of a federal trade secrets law, the Economic Espionage Act (“EEA”) and various state...more

Fisher Phillips

Trade Secret Legislation Reintroduced in Congress (3rd Time)

Fisher Phillips on

Maybe the third time is the charm. After trying twice before, Congress is making another run at creating a federal claim for trade secret misappropriation. A bipartisan group of legislators from both congressional chambers,...more

Seyfarth Shaw LLP

U.S. Congress To Again Consider Private Right of Action for Trade Secret Misappropriation

Seyfarth Shaw LLP on

On July 29, 2015, with bipartisan support, congressional leaders in both the House and Senate, including Senator Orrin Hatch (R-UT) and Representative Doug Collins (R-GA), introduced a bill to create a federal private right...more

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