Private Right of Action Economic Espionage Act

News & Analysis as of

The Defend Trade Secrets Act of 2016: Trade Secrets Receive Uniform Federal Protection

If you read one thing… - A new federal law provides a cause of action for the misappropriation of trade secrets. - The statute provides significant new remedies, including potential royalties for the misuse of...more

Pssst, The Secret Is Knowing What You Can’t Do With The Defend Trade Secrets Act

The Defend Trade Secrets Act (“DTSA”) became law with President Obama’s signature on May 11, 2016. The DTSA is an amendment to the Economic Espionage Act of 1996 and, for the first time, affords a federal private right of...more

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by...more

Whistleblower Protection in New Federal Trade Secrets Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), the long-proposed legislation that establishes a federal trade secrets law. The DTSA amends the Economic Espionage Act — which currently...more

Defend Trade Secrets Act Contains New Immunity Notification Requirements for Employers

The new Defend Trade Secrets Act (DTSA), signed into law by President Obama on May 11, 2016, creates a new private civil cause of action in federal court for trade secret misappropriation. Prior to the DTSA, trade secret...more

The New Federal Trade Secrets Law: What You Need to Know

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act (DTSA) into law. This is the first federal private right of action for trade secret misappropriation. The key aspects to this new law are...more

The Federal Defend Trade Secrets Act - Immediate Implications for Businesses That Utilize Employment Agreements and Contracts To...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which provides uniform federal protection for trade secrets and confidential business information. The DTSA received bi-partisan...more

New Federal Law Governs Trade Secrets

President Obama has signed the Defend Trade Secrets Law of 2016 into law, effective May 11, 2016. As discussed in detail in our April 28, 2016 Legal Alert, the law provides a new, uniform federal civil remedy to trade secret...more

Obama Signs Defend Trade Secrets Act Into Law: Important New Tool for Victims of Data Breach

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law. Previously, companies could only bring misappropriation of trade secrets claims under state law. (Unless they were able to...more

Connecting the Dots with DTSA

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law by President Obama on Wednesday, May 11, 2016. This new act is the final piece of the federal law puzzle regarding intellectual property protections. Until...more

The Defend Trade Secrets Act: A Powerful Tool for Protecting ‘Secret Sauce’ Comes With Affirmative Obligations

On May 11, President Obama signed the Defend Trade Secrets Act (DTSA) into law, which was passed as part of a bipartisan effort in the House and Senate. The new law, which is an amendment to the DTSA first enacted in 2012,...more

The Defend Trade Secrets Act: What It Is and What It Means for U.S. Businesses

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), establishing for the first time a civil cause of action under federal law for the misappropriation of trade secrets. The legislation recognizes the...more

Time to Review Your Confidentiality Agreements: New Federal Trade Secrets Act Creates Private Right of Action and Imposes New...

The Defend Trade Secrets Act of 2015 (DTSA), which establishes a new federal private right of action for trade secret misappropriation, is now the law. Trade secrets, the fourth leg of the intellectual property chair, have...more

President Obama Signs Law Providing Federal Trade Secret Protections

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), providing a federal civil cause of action for the misappropriation of trade secrets under the Economic Espionage Act. Both the Senate...more

Client Alert: New Federal Trade Secrets Law Brings Major Implications for Trade Secret Owners and Their Employees

On May 11, 2016, President Obama signed the Defend Trade Secrets Act into law. The Act amends the existing Economic Espionage Act, but more importantly, it creates for the first time a federal civil cause of action to...more

Implications of the Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016, which among other things creates a federal civil right of action for trade secret misappropriation and provides immunity, under certain...more

What Does The Defend Trade Secrets Act Mean For Employers?

On May 11, 2016, President Obama signed the Defend Trade Secrets Act which had been overwhelmingly passed by the U.S. House of Representatives on April 27, 2016, after having previously been passed by the Senate. The Act...more

Maximizing Protections Under the Defend Trade Secrets Act: Confidentiality Agreements Need to be Changed

With President Barack Obama's signature on Wednesday, the Defend Trade Secrets Act ("DTSA" or "Act") has now become law. Where trade secrets were once protected only at the state level, the DTSA now federalizes trade secrets...more

DTSA Expands Federal Protections for Confidential Business Information, Imposes New Notice Requirements on Employers

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA"), significantly expanding the federal government's role in protecting confidential business information, and imposing new notice...more

Just When Your Handbook Thought it Was Safe to Go Back In the Water: The Impact of the Defend Trade Secrets Act on Employers

On April 27, 2016, the U.S. House of Representatives approved the Defend Trade Secrets Act (DTSA) by a 410-2 vote, the DTSA previously passed the Senate with an 87-0 vote. The DTSA provides employers with federal jurisdiction...more

The New Federalization of Trade Secret Law – What You Should Know About the DTSA

In Depth - On May 11, 2016, the Defend Trade Secrets Act of 2016 (DTSA) officially became law, thereby creating, for the first time, a federal private civil cause of action for misappropriation of trade secrets. The...more

New Protections for Trade Secrets

On Wednesday afternoon this week, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The Act passed unanimously in the Senate and nearly so in the House. The President has been a proponent of the Act and...more

Employers Should Give Immediate Attention to the New Federal Trade Secrets Act

Less than five weeks after federal trade secret legislation cleared the Senate, the Defend Trade Secrets Act (DTSA) has been signed into law by President Obama, effective today. The new law will have immediate effects on...more

New Tool to Protect Franchisors’ Trade Secrets

On May 11, 2016, President Obama signed into law the Defending Trade Secrets Act of 2016 (the Act). The Act amends the Economic Espionage Act of 1996 (EEA) to create a federal private right of action for the misappropriation...more

Intellectual Property Alert: Obama Signs Law Allowing Trade Secret Owners to Sue in Federal Court

Yesterday, President Obama signed the Defend Trade Secrets Act (DTSA), enacting a federal trade secrets law. Much of the law existed under the federal Economic Espionage Act of 1996 (EEA). However, for the first time, the...more

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