News & Analysis as of

Private Right of Action Misappropriation

A Key Difference Between the DTSA and UTSA: “Continued Misappropriation” Continues to be a Viable Claim

by Fisher Phillips on

The Defend Trade Secrets Act (“DTSA”), unapologetically, was modeled after the Uniform Trade Secrets Act (“UTSA”) in many respects. For background, the DTSA is the federal statute, enacted in 2016, that creates a federal...more

The Defend Trade Secrets Act of 2016: A Year Later By The Numbers

It has been almost a year since the Defend Trade Secrets Act of 2016 (DTSA) took effect. Since Forbes Magazine called the DTSA the “Biggest IP Development in Years,” we thought it might be helpful to take a look at how often...more

Federal Trade Secrets Act

At long last, there is a federal civil cause of action for trade secret misappropriation under the Defend Trade Secrets Act (DTSA) enacted in 2016. The DTSA complements state law remedies, which are not preempted,...more

Gavel to Gavel: Trade secrets now a federal case

by GableGotwals on

Almost all businesses possess at least some trade secrets, which could include a wide variety of information, including customer lists, formulas, manufacturing processes, data compilations, marketing plans and many other...more

Did you know... Are You in Position to Take Advantage of the New Federal Defend Trade Secrets Act?

by Nossaman LLP on

Recently, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996, codified at 18 U.S.C. §§ 1831 et seq. Key benefits of the DTSA includes the option...more

Update on Defend Trade Secrets Act: Courts Begin Interpreting and Applying New Federal Misappropriation Law

by Brooks Kushman P.C. on

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law on May 12, 2016. The statute amends the Economic Espionage Act of 1996 to provide federal court jurisdiction for civil trade secret misappropriation claims and...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

by Porter Hedges LLP on

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

New Federal Law Protects Trade Secrets

by LeClairRyan on

A company’s trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new...more

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

by Ladas & Parry LLP on

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

August 2016: Seizures as a Remedy Under the New Federal Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), creating a new federal cause of action for the misappropriation of trade secrets. Prior to the DTSA, trade secret claims were governed by state law....more

Federal Precedents Under the DTSA Have Arrived

by Seyfarth Shaw LLP on

While the Defend Trade Secrets Act of 2016 (“DTSA”) has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive...more

The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual...

On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and...more

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

by Cozen O'Connor on

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

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

by Davis Brown Law Firm on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...more

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

How to Prepare for Theft of Company Information

by Dorsey & Whitney LLP on

Companies should take three steps now to ensure use of the Defend Trade Secrets Act. In May, President Barack Obama signed into law the Defend Trade Secrets Act that creates a federal civil cause of action for the...more

Another Challenge for Information Governance: The Defense of Trade Secrets Act

by Moore & Van Allen PLLC on

Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade...more

Gavel to Gavel: DTSA opens federal courthouse doors

by McAfee & Taft on

In May, President Obama signed into law the Defend Trade Secrets Act of 2016, which permits trade secret owners to seek relief for trade secret misappropriation in federal court. Originally published in The Journal...more

Employment Law Commentary - Volume 28, Issue 6 - June 2016

by Morrison & Foerster LLP on

The Defend Trade Secrets Act – What Employers Need To Know Right Now - Trade secrets are a critical component of the intellectual property of a company, either standing alone or as a complement to a company’s patent...more

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

by Cozen O'Connor on

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

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

by Poyner Spruill LLP on

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

Labor & Employment E-Note - June 2016

by Burr & Forman on

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

Shhhhh! Obama Signs the Defend Trade Secrets Act

by Pessin Katz Law, P.A. on

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

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

by Burr & Forman on

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

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