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Trade Secrets › Economic Espionage Act › Confidential Information

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 -
Society of Corporate Compliance and Ethics...

The FBI on Economic Espionage

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Economic espionage sounds more like the stuff of a spy thriller than a day-to-day concern for business. Not so, as it turns out. To learn more we sat down with the FBI’s Counterintelligence Division Unit Chief Matthew Charles...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Whistleblowers and Trade Secrets: Does the DTSA Protect Confidential Data?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the...more

Freeman Law

The Economic Espionage Act: Key Provisions

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The Economic Espionage Act (EEA), codified in 18 U.S.C. § 1831-1839, makes the theft of or trafficking in trade secrets for foreign governments, instrumentalities, or agents a criminal act. Prior to passing the EEA, the Trade...more

Troutman Pepper

Protecting Trade Secrets: Lessons Learned From the Levandowski Case

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Companies often consider trade secrets to be their crown jewels. But in the digital age, where copying and sending files is as easy as one click, protecting trade secrets has become even more challenging. Losing control over...more

Orrick - Trade Secrets Group

In Pursuit of Chinese Trade Secret Theft: Fresh Allegations Against Huawei and Chinese Military Grabs 145 Million SSNs

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Loyal readers are familiar with the DOJ’s “China Initiative,” launched in November 2018 to prosecute the theft of U.S. trade secrets by or for Chinese interests. Attorney General Barr reaffirmed the DOJ’s commitment “to...more

Seyfarth Shaw LLP

Get Out Your Popcorn: Former Director of R&D Accused of Stealing Secret Popcorn Recipes

Seyfarth Shaw LLP on

Caramel Crisp LLC, the owner of Garrett Popcorn Shops (“Garrett”), the renowned Chicago-based purveyor of deliciously flavored popcorn, recently filed suit in federal court in Chicago against its former director of research...more

McDermott Will & Emery

Conviction for Economic Espionage, Sale of Trade Secrets to China

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld the first federal jury criminal conviction for economic espionage and theft of trade secrets under the Economic Espionage Act of 1996 (EEA), even though the owner of the...more

Porter Hedges LLP

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

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

K&L Gates LLP

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

K&L Gates LLP on

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

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

Orrick - Trade Secrets Group

Sparks Fly in Ninth Circuit’s Nosal II Opinion

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As many loyal TSW readers know, we’ve been watching the ongoing saga involving ex-Korn Ferry recruiter David Nosal wind its way through the courts since the early days of this blog. And last month, the highly anticipated...more

Ballard Spahr LLP

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

Ballard Spahr LLP on

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

Constangy, Brooks, Smith & Prophete, LLP

Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Constangy, Brooks, Smith & Prophete, LLP on

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former...more

Dorsey & Whitney LLP

How to Prepare for Theft of Company Information

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

Maynard Nexsen

The New Defend Trade Secrets Act: Implications For Employers

Maynard Nexsen on

With the enactment of the federal Defend Trade Secrets Act of 2016 (DTSA), owners of trade secrets now have the ability to bring a cause of action for misappropriation of trade secrets in federal court. Previously, employers...more

Perkins Coie

Defend Trade Secrets Act Contains New Immunity Notification Requirements for Employers

Perkins Coie on

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

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Robinson & Cole LLP

President Obama Signs Law Providing Federal Trade Secret Protections

Robinson & Cole LLP on

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

Chambliss, Bahner & Stophel, P.C.

Implications of the Defend Trade Secrets Act of 2016

Chambliss, Bahner & Stophel, P.C. on

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

Franczek P.C.

What Does The Defend Trade Secrets Act Mean For Employers?

Franczek P.C. on

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

Seyfarth Shaw LLP

President Obama Signs the Defend Trade Secrets Act: Tips for Navigating the New Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: A new federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”). To take full advantage of...more

Orrick - Trade Secrets Group

BREAKING: President Obama Signs Defend Trade Secrets Act Into Law

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Yesterday, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that...more

Troutman Pepper

New Federal Trade Secrets Law Applies to Independent Contractors, Too – Including the Notice Provisions!

Troutman Pepper on

Earlier yesterday, President Obama signed into law the Defend Trade Secrets Act (DTSA), which the Senate and House passed with overwhelming bipartisan support. While the impetus for the new law has been trade secret theft by...more

Neal, Gerber & Eisenberg LLP

President Obama Signs the Federal Trade Secrets Act Into Law

Neal, Gerber & Eisenberg LLP on

Yesterday, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The White House had previously expressed support for this law by stating that “Effective protection of trade secrets promotes innovation...more

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