Private Right of Action

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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

Congress Passes Federal Trade Secrets Act

With the long-awaited passage of the Defend Trade Secrets Act of 2016 (“DTSA”), which amends the Economic Espionage Act, and expected imminent signing by President Obama, federal law will now provide a civil cause of action...more

The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon. This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would...more

Change Has Come To Trade Secrets In The United States: The Defend Trade Secrets Act of 2016

Concerns about trade secret theft have been increasing in recent years and the America Invents Act included provisions that reduced the commercial risks that a business would run by trying to keep inventions as trade secrets...more

What Does the New Defend Trade Secrets Act Mean for California Employers?

The Defend Trade Secrets Act (DTSA) allows companies for the first time to file civil lawsuits for trade secrets theft under federal law if the trade secret is “related to a product or service used in, or intended for use in,...more

From Behind Closed Doors To The Steps Of The Federal Courthouse: The Defend Trade Secrets Act of 2016

The Defend Trade Secrets Act of 2016 (“DTSA”) was unanimously passed by the Senate on April 4, 2016, and then by the House Judiciary Committee on April 20, 2016. The House voted to pass the DTSA on Wednesday, April 27, 2016,...more

Protecting Trade Secrets Now Front, Center and National

Most employers understand, in this era where information moves so quickly and critically sensitive commercial information is very easy to move, that protecting trade secrets is more important than ever. In fact, the U.S....more

"Defend Trade Secrets Act" - How Will This New Law Affect Your Business?

With a near unanimous (410-2) vote on April 27, 2016, the House passed the “Defend Trade Secrets Act” (“DTSA”). Having already been passed by the Senate (87-0), the legislation advances to President Obama, who has signaled...more

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

Second Circuit Holds Sarbanes-Oxley’s Five-Year Statute of Repose Applies to Claims Under Sections 9(f) and 18(a), but Re-Affirms...

Twenty-five years ago, in Ceres Partners, the Second Circuit held that the implied private right of action under Section 14 of the Securities and Exchange Act of 1934 (“Exchange Act”) was subject to a three-year repose...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

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 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

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

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

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