Ex Parte

News & Analysis as of

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

UPDATE: Federal Defend Trade Secrets Act Clears the House, Passage into Law Expected

As expected, overwhelming support for the Defend Trade Secrets Act of 2016 led to its passage in the U.S. House of Representatives yesterday by a 410-2 vote. During the floor debate, one Congressman noted that “Congress has...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

U.S. Congress Creates Federal Cause of Action for Trade Secret Misappropriation

For the first time in this nation’s history, the U.S. will have a federal trade secrets law that allows private citizens to enforce their trade secrets and sue for damages. On Wednesday, April 27, 2016, the U.S. House of...more

Quirky Question #277: Passage of the Defend Trade Secrets Act

Question: I saw something on the news about some new trade secrets legislation. What’s going on with that? Will it help employers better protect their trade secrets?...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

Congress Passes The Defend Trade Secrets Act

Presidential Signature Expected to Follow Shortly - On April 27, 2016, the U.S. House of Representatives voted 410-2 in favor of passing the Defend Trade Secrets Act (S. 1890)(the “Act”), a comprehensive bill to create...more

Congress Passes Federal Trade Secrets Law

On April 27, 2016, the U.S. House of Representatives passed legislation that will effectively federalize trade secrets law. President Obama, a supporter of the legislation, has indicated he will sign the Bill, which...more

Landmark Trade Secret Law Establishes New Rights and Remedies

The Defend Trade Secrets Act of 2016 aims to modernize and strengthen trade secret law. The most significant trade secret reform in decades is about to become law. The Defend Trade Secrets Act of 2016 (DTSA) will...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

Wave of Federal Trade Secret Decisions Soon to Hit State Courts

Late yesterday, the House of Representatives joined the Senate in passing a sweeping new statute that creates a new federal civil cause of action for trade secret theft. The new statute, called the Defense of Trade Secrets...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

The Defend Trade Secrets Act of 2016 – Key Takeaways

The Senate and House passed the Defend Trade Secrets Act of 2016 (DTSA) on April 11 and April 27, 2016, respectively. President Obama previously indicated that he will sign DTSA into law. Below is a brief synopsis of DTSA's...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

Defend Trade Secrets Act Passes House, Soon to Become Law

Billions of dollars in losses are attributed to trade secret theft each year. In response, and with vast bipartisan support, Congress passed the Defend Trade Secrets Act (DTSA) on April 27, 2016. The President is expected to...more

Defend Trade Secrets Act Passes House, Moves to President for Signature

One week after the House Judiciary Committee unanimously reported the Defend Trade Secrets Act of 2016 to the House floor, the full House approved the bill, 410-2. The two no votes were from tea party Republicans, Rep....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

Defend Trade Secrets Act Passes Congress

With President Obama’s signature expected, DTSA will allow for new federal civil suits, ex parte seizures, and whistleblower protections. After unanimously passing the Senate earlier this month, the Defend Trade...more

5 Things to Know About the Defend Trade Secrets Act

Unanimous Senate approval of the federal trade secrets bill creates momentum for a new cause of action. After nearly a year-long delay, the Senate on April 4, 2016, unanimously passed the Defend Trade Secrets Act (DTSA),...more

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more

Federal Trade Secret Act Clears the Senate and Secures Support from the White House

The U.S. Senate unanimously passed the Defend Trade Secret Act (DTSA, S. 1890) on Monday, April 4. The very next day the Obama administration expressed strong support for the DTSA, stating that the pending legislation would...more

Latent Claims of Childhood Sexual Abuse––the Delayed Discovery Rule and Certificates of Merit

On March 22, 2016, in Latrice Rubenstein v. Doe No. 1 (Case No. D066722), the Fourth Appellate District, Division One, held that the delayed discovery rule set forth in the pertinent statute of limitations, Code of Civil...more

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