State Law Claims

News & Analysis as of

Amgen v. Sandoz: Sandoz’s Opposition to Amgen’s Conditional Cross-Petition for Certiorari

As we covered in a previous post, following the Federal Circuit’s decision in Amgen v. Sandoz, Sandoz filed a petition for a writ of certiorari asking the Supreme Court to review the Federal Circuit’s interpretation of the...more

First Round of DTSA Complaints Alleging Misappropriation Activity Both Before and After DTSA’s Enactment: Will They Stick?

Following President Obama’s signing of the federal Defend Trade Secrets Act (“DTSA” or the “Act”) into law last week, parties are beginning to file lawsuits asserting claims under the DTSA. As widely reported, before the...more

Obama Signs Law Giving Trade Secrets Federal Protection

A company’s confidential trade secrets are their most coveted assets and give a company a competitive edge over its competitors. Such trade secrets may include product specifications and formulas, recipes, computer...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

Defend Trade Secrets Act Creates New Federal Claim For Misappropriation of Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...more

This Week In Securities Litigation

The Supreme Court concluded this week that a suit based on short selling filed in state court alleging state law causes of action was not preempted by the exclusive jurisdiction provision of Exchange Act Section 27 simply...more

Supreme Court’s Manning Decision Leaves Questions Unanswered

The U.S. Supreme Court’s decision on May 16, 2016 in Merrill Lynch v. Manning clarified the scope of federal jurisdiction under the Exchange Act in certain important respects, but also left open critical issues that may arise...more

Federal Trade Secrets Act Now Law: What Companies Should Know

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”). The measure had previously been passed by the U.S. House of Representatives 410-2 on April 27, 2016, quickly following the U.S. Senate’s...more

Employers Gain New Federal Trade Secret Protections, Must Notify Employees to Obtain Certain Remedies

Until now, employers seeking relief for trade secret misappropriation were limited almost exclusively to state law remedies. With the enactment of the Defend Trade Secrets Act (“DTSA”) on May 11, 2016, employers now have...more

The Brand New Defend Trade Secrets Act of 2016 – What You Need to Know

Victims of trade secret theft now have a federal remedy for trade secret misappropriation under the Defend Trade Secrets Act of 2016 (“DTSA”), which President Obama signed into law on May 11, 2016. The DTSA creates a new,...more

POTUS Signs The Defend Trade Secrets Act

On May 11, President Barack Obama signed the Defend Trade Secrets Act (the "Act") into Law. The Act, which passed overwhelmingly in Congress last week in a 410-2 vote, is an effort to create a private, federal right of action...more

Federal Trade Secret Law Brings New Protections to Confidential Business Data

A trade secret is a piece of non-public information that is valuable to your business, and is currently protected only by a patchwork of laws that vary from state to state. The Defend Trade Secrets Act (“DTSA”), passed by...more

Unfair Competition, Trade Secrets and Non-Competition Agreements Group News: Obama Signs Federal Trade Secrets Act into Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA") into law. The President’s action follows the April 27, 410-2, vote by the U.S. House of Representatives in favor of this long-proposed...more

President Signs Defend Trade Secrets Act: Five Must-Know Takeaways for Your Business

On May 11, 2016, President Obama signed the long-awaited Defend Trade Secrets Act (“DTSA”) into law, which was passed by Congress on April 27, 2016. An extension of the Economic Espionage Act of 1996, the DTSA provides for a...more

Protecting Trade Secrets: A New Arrow in the Quiver

A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade...more

What the Defend Trade Secrets Act Means for You

On May 11, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which received rare support across party lines, passing Congress unanimously in the Senate and by a vote of 410-2 in the House of Representatives....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

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

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

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 Finally Agrees: Passes Federal Trade Secrets Act

After years of legislative fits and starts, the U.S. House of Representatives on April 27, 2016, passed a bill federalizing trade-secret law. President Obama is expected to sign the bill in short order. Titled the “Defend...more

Landmark Federal Trade Secrets Legislation on Its Way to President Obama for Signature

As technology accelerates and electronic information theft becomes more difficult to detect and prevent, vigilant companies constantly look for ways to protect the trade secrets they consider their “crown jewels.” The passage...more

Dawning of New Era in Trade Secrets Litigation

Both houses of Congress have now approved a bill (the Defend Trade Secrets Act) that would create a federal civil cause of action for trade secrets misappropriation—a sea change for claims previously subject only to state...more

Down the Road Towards Federalization of Trade Secrets Claims

On April 27, 2016, by a vote of 410 to 2, the House passed the Defend Trade Secrets Act of 2016 (the “Act”). The Act passed the Senate earlier this month and is now headed to the President for his anticipated signature. If...more

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