Misappropriation

News & Analysis as of

The Defend Trade Secrets Act Of 2016

Companies seeking to protect their intellectual property should be aware that Congress has created a new federal law designed to prevent the actual and threatened misappropriation of trade secrets. Passed by the House and...more

Congress Enacts Federal Trade Secrets Law

The U.S. House of Representatives recently passed legislation that would protect businesses from the growing threat of trade secrets theft. Under the new legislation, businesses will have a new and powerful option to bring...more

Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

What You Need to Know About Federal Trade Secret Protection

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama is expected to promptly sign. The DTSA has been described as the most significant expansion of federal law in intellectual property...more

House of Representatives Passes the “Defend Trade Secrets Act”

On April 27, 2016, the U.S. House of Representatives overwhelmingly passed the Defend Trade Secrets Act (DTSA), sending it to the White House for President Obama’s promised signature. When it is signed into law, the...more

Congress Passes Federal Trade Secret Protection Legislation

Last week in a rare bipartisan move, the House of Representatives passed the Defend Trade Secrets Act of 2016 (DTSA). The Senate approved the bill earlier in April, and President Obama says that he will sign the legislation,...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner,...more

The Defend Trade Secrets Act. It’s Coming: What You Need to Know

The Defend Trade Secrets Act (DTSA) is headed to President Barack Obama for his signature, and there is little doubt that President Obama will sign it into law. Below is a summary of what you need to know about this...more

FAQs on the Defend Trade Secrets Act

Q: What is the Defend Trade Secrets Act? The Defend Trade Secrets Act of 2016 (DTSA) is a new federal law that, once signed by President Obama, will amend the Economic Espionage Act of 1996 and provide a private civil...more

Congress Passes Landmark IP Legislation: Defend Trade Secrets Act

On April 28 Congress passed the Defend Trade Secrets Act (“DTSA”), which creates a federal private right of action for trade secret misappropriation. Enactment into law is virtually certain, as President Obama, a long-time...more

The Defend Trade Secrets Act: Coming To A Federal Court Near You; The Federalizing Of Trade Secret And Post-Employment Conduct...

On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that...more

Trade Secrets on the Brink of Federal Protection

Last week, a major federal law aimed at protecting businesses’ trade secrets overwhelmingly passed the U.S. House of Representatives and appears nearly certain to be signed into law by President Obama. The Defend Trade...more

Federal Defend Trade Secrets Act About to be Signed into Law

On April 27, 2016, the U.S. House of Representatives, by a vote of 410-2, passed the "Defend Trade Secrets Act" (DTSA). The bill was previously passed by the Senate, and the President is expected to soon sign the...more

Congress Passes Federal Defend Trade Secrets Act

Action Item: President Barack Obama is expected to sign a new law that will provide companies with a federal cause of action for trade secret protection claims. The Defend Trade Secrets Act of 2016 (“DTSA”) passed Congress...more

Defend Trade Secrets Act To Be Signed Into Law

On April 27, 2016, the U.S. House of Representatives approved the Defend Trade Secrets Act (DTSA) by a vote of 410 to 2. As the DTSA has already passed the Senate by an 87 to 0 vote, the bill now heads to President Obama to...more

New Defend Trade Secrets Act Creates Powerful Protection Options

The United States House of Representatives passed the Defend Trade Secrets Act, S. 1890 (DTSA) on April 27, 2016, in identical form to that previously passed by the Senate on April 4, 2016. Now that the DTSA has cleared...more

Congress Passes Sweeping New Legislation To Protect Trade Secrets

Last week, in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets. The legislation, which President...more

Trade Secrets Finally Get Federal Law Protection

On April 27, 2016, Congress passed the Defend Trade Secrets Act of 2016 (S.1890) (DTSA) and sent it to President Obama, who has indicated he will sign it into law. The DTSA, which will take effect on the day it is signed,...more

The New Defend Trade Secrets Act (DTSA): Notable Provisions and Strategic Considerations

The Defend Trade Secrets Act (DTSA) cleared the House by a 410-2 vote on April 27, 2016. The Senate passed the measure on an 87-0 vote earlier this month, and the DTSA is now headed to the White House for President Obama’s...more

Litigation Alert: Congress Overwhelmingly Approves the “Defend Trade Secrets Act of 2016” Paving the Way for Federal Jurisdiction...

Trade secrets law is poised to become federalized. After years of unsuccessful efforts to create a federal cause of action for trade secret theft, Congress has now passed The Defend Trade Secrets Act of 2016 (S.B. 1890). On...more

Monitoring Employee Communications: A Brave New World

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of...more

Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An...

When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and...more

SEC Sanctions Audit Firm, Partner Tied to Custody Rule

Custody Rule cases are rapidly becoming a staple of SEC enforcement. Rule 206(4)-2 requires registered investment advisers with custody of client funds or securities to implement certain controls to protect those assets....more

President Expected to Sign New Federal Trade Secret Law

After years of debate and multiple versions proposed, withdrawn, revised and debated by both Houses of Congress, legislation that would for the first time federalize trade secrets law is headed to the White House for...more

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

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