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Trade Secrets › Confidential Information › Whistleblower Protection Policies

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Troutman Pepper

Seven Steps to Address Trade Secret Misappropriation by Whistleblowers

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“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more

Troutman Pepper

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

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Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

Seyfarth Shaw LLP

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law in 2018/2019

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Continuing our annual tradition, we have compiled our top developments and headlines for 2018-2019 in trade secret, non-compete, and computer fraud law....more

Cozen O'Connor

Defend Trade Secrets Act Whistleblower Immunity Notice – Small Price to Pay for Major Benefits

Cozen O'Connor on

You probably already know that the federal Defend Trade Secrets Act (DTSA) makes available to employers a number of significant remedies, but what you may not know is that several of those remedies are contingent on employers...more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

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A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

Foley & Lardner LLP

Defend Trade Secrets Act Immunization for Whistleblowers: More Effective Than the Average Flu Shot?

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A unique feature of the Defend Trade Secrets Act (DTSA)—the federal statute opening federal courthouse doors to civil claims for trade secret misappropriation—is that it gives immunity from civil or criminal liability to...more

Mintz - Intellectual Property Viewpoints

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

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The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

Seyfarth Shaw LLP

Top Developments And Headlines In Trade Secret, Computer Fraud, And Non-Compete Law In 2017 And What We Expect In 2018

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Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more

Butler Snow LLP

The Defend Trade Secrets Act and Whistleblowers: Protections and Vulnerabilities

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President Obama signed into law the Defend Trade Secrets Act (“DTSA”) during his last year in office. Most notably, the DTSA creates a private federal civil cause of action for misappropriation of trade secrets. If that...more

Morrison & Foerster LLP

Employment Law Commentary - Volume 29, Issue 1

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The Cost Of Keeping Things Quiet: Crackdown On Confidentiality Clauses Calls For Explicit Carve-Outs - In last February’s Employment Law Commentary, we discussed best practices for drafting separation agreements. Among...more

Snell & Wilmer

Five Workplace New Year’s Resolutions for 2017

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With the New Year comes the annual tradition of making New Year’s Resolutions—along with the annual tradition of breaking those resolutions by the second week of January. Even if last year’s Christmas tree survived longer...more

Orrick - Trade Secrets Group

DTSA Immunity: A plaintiff’s dream or a burdensome nightmare?

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If you are a regular reader of TSW, you know we have been monitoring developments relating to the Defend Trade Secrets Act of 2016 (DTSA). While the Northern District of California was the first court to enter a written...more

Perkins Coie

Recent Whistleblower Protection Actions by SEC and Congress Add Risk to Severance Agreements

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Two recent SEC enforcement actions that describe how severance agreements may violate whistleblower protections under the federal securities laws if not properly drafted were the subject of a recent article by Perkins Coie...more

Porter Hedges LLP

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

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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

K&L Gates LLP

Several Months Into Having Federal Protection for Trade Secrets: What Are We Learning?

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It has been nearly five months since President Obama signed the federal Defend Trade Secrets Act (“DTSA”) on May 11, 2016, extending federal protection to trade secrets. In the past few months, employers around the country...more

Ladas & Parry LLP

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

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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

Baker Donelson

Defend Trade Secrets Act – What Employers Need to Know

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On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA” or the “Act”) into law. Prior to enactment of the DTSA, the law governing trade secrets was left to the states, most of which have...more

Baker Donelson

Did You Know Whistleblowers Can Divulge Trade Secrets?

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The prevalence of employees identifying themselves as “whistleblowers” has expanded in recent years due to expansion of federal and state whistleblower rights. Recently, a recently enacted federal law, the Defend Trade...more

Akerman LLP - Health Law Rx

Attention Employers: Action Required Before Having Employees or Contractors Sign Non-Disclosure Agreements

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In May, President Obama signed the federal Defend Trade Secrets Act of 2016 into law, the details of which we reported in a recent Akerman Practice Update. The Act allows companies for the first time to bring trade secret...more

Orrick - Trade Secrets Group

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

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It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more

Burns & Levinson LLP

Whistleblower Immunity Required Under Defend Trade Secrets Act

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The new Defend Trade Secrets Act (“DTSA”) allows owners of trade secrets to now bring a civil action in federal court to protect their trade secrets and confidential information. Further, under the DTSA, a trade secret owner...more

Parker Poe Adams & Bernstein LLP

New Defend Trade Secrets Act Requires Employers to Include Disclaimers in All Confidential Information Agreements

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On May 16, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The new law takes immediate effect and will provide important new federal protections against unauthorized disclosure of...more

Best Best & Krieger LLP

Federal Defend Trade Secrets Act Takes Effect

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Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...more

Obermayer Rebmann Maxwell & Hippel LLP

Obama Signs Law Giving Trade Secrets Federal Protection

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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

Eversheds Sutherland (US) LLP

Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act

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The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take...more

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