Misappropriation Trade Secrets

News & Analysis as of

One Step Closer to a Federal Private Cause of Action for Trade Secret Misappropriation: The Defend Trade Secrets Act

On January 28, 2016, the Senate’s Committee on the Judiciary voted in favor of the Defend Trade Secrets Act (the “Act”), which would create a federal private cause of action for trade secret theft. ...more

What You Need to Know About US Law: Massachusetts and New York Trade Secrets Not Governed by Uniform Trade Secret Act

The article below is the second in a series regarding "What You Need to Know About U.S. Law." Attorneys from a variety of practice groups at Pierce Atwood will author similar articles in the coming months to educate our...more

Congress Considers Landmark Trade Secret Reforms

If enacted, the legislation would represent the most significant trade secret reform in many years. Major federal trade secret legislation is receiving strong bipartisan support and consideration in the US Congress. The...more

The ITC Flexes Its Trade Secrets Muscles Again

The Federal Circuit has once again affirmed the ITC’s broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets. Based on this and other recent decisions, it looks like the...more

Defend Trade Secrets Act Clears United States Senate Judiciary Committee

The Defend Trade Secrets Act (“DTSA”) has cleared the Senate Judiciary Committee with broad bipartisan support. Currently, state law governs civil claims for trade secret misappropriation, generally under a particular state’s...more

Ownership of Social Media Accounts

It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media...more

Money Is Time: A Note on Valuation and Sentencing in Criminal Trade Secrets Cases

Criminal trade secrets prosecutions tend to make national headlines, and for good reason. With fact patterns that often involve international intrigue, high technology, and millions of dollars in play, these cases can read...more

Top 10 Trade Secrets and Unfair Competition Developments

There were several noteworthy developments in 2015 in the area of trade secrets and unfair competition. This post focuses on developments affecting California employers. Due to the unsettled nature of some of the law, this...more

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

Aviation Contractor Glides Away From Liability After Receiving Unsolicited Email Containing Trade Secrets

If a third party sends you someone’s trade secrets, and you delete them as soon as you know they’re trade secrets, you’re off the hook for misappropriation. That, in a nutshell, is what a Florida federal judge held on...more

The Duty of Loyalty Awakens

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes I-III). For an employee looking to leave her current employer, however, loyalty...more

EU Reaches “Provisional Agreement” on New Trade Secret Directive

The Council of Ministers announced that the Luxembourg presidency had reached a “provisional agreement” with the European Parliament representatives regarding a new Trade Secret Directive (“Provisional Directive”) on December...more

California Employment Law Notes - January 2016

Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department - Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) - Jabari Jumaane, an African-American firefighter with the Los...more

Single Claim Approach for Trade Secret Misappropriation - Allied Erecting & Dismantling Co. v. Genesis Equip. & Mfg.

The U.S. Court of Appeals for the Sixth Circuit affirmed the district court decision holding that a plaintiff is precluded from filing a claim based on alleged ongoing misbehavior when an allegation of trade secrets...more

In China: Is Your Business Information Qualified for Protection in Trade Secrets Litigation?

Recently, China and the U.S. have reached some meaningful commitments on minimizing trade secrets misappropriation and protecting intellectual property during their Joint Commission on Commerce and Trade.The commitments...more

Update on the Senate Judiciary Committee’s Hearing on the Protection of Trade Secrets

Earlier today, the Senate Judiciary Committee held a hearing regarding the protection of trade secrets through the creation of a federal civil cause of action, which would allow trade secret victims to sue for trade secret...more

A “Big Deal”: Latest U.S.-China Talks Signal Progress for Protection of Trade Secrets

Expectations didn’t appear high for the latest round of China-U.S. talks about a variety of economic issues including trade secret protection. As previously discussed at TSW, China had not signed onto the Trans-Pacific...more

Sixth Circuit Differentiates Trade Secrets and Confidential Information Under Texas Law

Last week, in a diversity jurisdiction case, the Sixth Circuit analyzed Texas law to identify the relationship among three separate categories of business information: (1) trade secrets, (2) contractually protected...more

At Risk: Law Firms Bringing Bad Faith Trade Secrets Claims

Companies get anxious when key employees leave to start new ventures. A company may try to shield itself from the risk of losing confidential information by seeking an injunction preventing its former employees and their new...more

California Supreme Court to Decide Whether Finding That UTSA Claim Was Filed in Bad Faith Can Revive a Previously Dismissed...

The California Supreme Court’s recent decision to review the Second District Court of Appeals’ ruling in Parrish v. Latham & Watkins, 238 Cal. App. 4th 81 (2015) sets the stage for a potential sea change in the litigation of...more

Trade Secrets Unwrapped: Packaging Materials Case Demonstrates The Importance Of Keeping Confidential Information Sealed Shut

There are many ways to gain trade secret protection, but also many ways to lose it. As the recent motion to dismiss ruling in Fleetwood Packaging v. Hein from the Northern District of Illinois illustrates, how a company...more

Ninth Circuit Hears Oral Arguments in United States v. Nosal, Part II

On October 20, 2015, a three judge panel of the Ninth Circuit heard oral arguments in Round II of United States v. David Nosal. Both sides generally stuck with arguments from their briefs, with Nosal’s counsel arguing that...more

“Reasonable Suspicion” of Trade Secret Misappropriation Isn’t Always Enough

Though an employer may be eager to bring a trade secret claim against former employees as soon as possible, filing suit before properly vetting the claim can lead to serious consequences: a malicious prosecution case against...more

Proposed US and EU Trade Secrets Laws Progress but Unlikely to be Enacted This Year

There’s no doubt that protection of trade secrets is a major concern for most businesses operating in today’s global economy. As we have previously discussed, a few years ago CREATe.org and PwC US released a report that...more

Employees and “Authorized Access”: A Threat from Within?

Workplace privacy has become an increasingly challenging issue for employees and employers alike. With technological advancements, employers have enhanced visibility into employee behavior including their use of company...more

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