Misappropriation

News & Analysis as of

Early Returns (Part 3 of 3): California Federal Court First to Rule Under New Defend Trade Secrets Act of 2016

Here at TSW, we continue to watch closely the case law developing under the new Defend Trade Secrets Act of 2016 (DTSA), which attempts to harmonize divergent state laws by creating a single federal framework for trade...more

SEC Files Two Proceedings Against Investment Advisers

The Commission filed two proceedings centered on investment advisers. One is based on improper fee and trading practices. The second is based on the misappropriation of funds from pooled investment vehicles by the adviser....more

District Court Judge Issues TRO and Preliminary Injunction Under the Defend Trade Secrets Act

In some of the first decisions under the newly enacted Defend Trade Secrets Act, on June 10 and 22, 2016, United States District Judge Jon S. Tigar granted a temporary restraining order and preliminary injunction in Henry...more

SEC Charges Business Media Star With Fraud

The Frack Master was a media star with frequent appearances on CNBC, CNN International, Fox Business news, the BBC and a weekly radio talk show in Dallas, all discussing oil-and-gas topics. He marketed interests in oil and...more

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

This Week In Securities Litigation

Merrill Lynch was at the center of actions brought by the SEC and FINRA this week. One action charged the firm with violations of the customer protection rule tied to using customer cash and failing to protect their...more

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic...more

Defend Trade Secrets Act Signed Into Law

In an era of unprecedented integration and collaboration in the healthcare industry, providers, payors, contractors and patients are exchanging information at an ever expanding pace. This collaboration includes sharing best...more

The Defense of Trade Secrets Act of 2016 - A new federal cause of action for trade secret misappropriation

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016. Effective immediately, the DTSA establishes a federal cause of action for trade secret misappropriation. The new statutory framework largely...more

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for...more

Early Returns (Part 1 of 2): 3D Printing Company Sues under New Defend Trade Secrets Act

(Editorial Note: This is our first of a two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) In late May 2016, Magic Leap, Inc. became a pioneer in trade secrets litigation...more

Five Questions You Should Ask About the Defend Trade Secrets Act

What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act? Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The...more

Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please...more

A Development in Trade-Secret Cases

The big trade-secret case, Southwestern Energy v. Berry-Helfand, has been worked over by the Texas Supreme Court. Highlights: - Lack of certainty in damages does not preclude recovery. - A “Flexible and...more

Unprecedented High Court Decision Orders the Destruction of Confidential Information on the Defendants’ Computers

The High Court in Arthur J. Gallagher Services (UK) Limited and others v Skriptchenkov and others [2016] EWHC 603, granted 11 February a mandatory injunction ordering the inspection and imaging of electronic devices and...more

Shhhhh! Obama Signs the Defend Trade Secrets Act

Remember when you, as an employer, asked an attorney to prepare a contract containing a covenant not to compete? Or maybe you, as an employee, had questions about such a covenant. Or, perhaps, an attorney prepared a...more

The Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which has been widely hailed as the “most significant expansion” of federal intellectual property law since the passage of the...more

Will Privacy Enforcement Actions Impact “Reasonable” Security Measures Needed to Protect Trade Secrets?

In widely-publicized, contested privacy cases last year, the FTC advocated in favor of a high baseline for information security measures.  Among the security practices attacked by the FTC as critical mistakes by companies...more

Is the Inevitable Disclosure Doctrine Inevitable?

An important feature of the recently enacted Defense of Trade Secrets Act was that it left state trade secret law intact. This meant that states that had adopted the Inevitable Disclosure Doctrine could continue to apply it,...more

Burr Alert: What The New Federal Trade Secrets Law Means For Employees

The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant....more

Trade Secrets Now Federally Protected Intellectual Property

Some of the most valuable intellectual property that companies own — their trade secrets — now enjoy federal protection, alongside patents, trademarks and copyrights. Designed to strengthen and supplement the protection of...more

Litigate Trade Secret Misappropriation Disputes in Chinese Courts

How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about...more

New Trade Secrets Law: What it Means for Your Business

On May 11, 2016, President Barack Obama signed into law the landmark Defend Trade Secrets Act ("DTSA"), which amends the Economic Espionage Act. The DTSA, which was passed almost unanimously by Congress, creates a new federal...more

Quirky Question #281: Deploying the DTSA

Question: We believe our former employee recently stole some of our trade secrets and went to a competitor. Can we rely on the Defend Trade Secrets Act to bring suit in federal court?...more

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

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