News & Analysis as of September 22, 2024

Private Right of Action

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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 -

Motorola v. Hytera: Seventh Circuit Set to Hear Arguments on the Extraterritorial Reach of DTSA

Axinn, Veltrop & Harkrider LLP on 11/30/2023

On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning the application of the federal Defend Trade Secrets Act (“DTSA”) to trade secrets taken...more

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

Porter Hedges LLP on 10/13/2016

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

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

Ladas & Parry LLP on 9/22/2016

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

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

Cozen O'Connor on 7/20/2016

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

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

Cadwalader, Wickersham & Taft LLP on 7/15/2016

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

Dorsey & Whitney LLP on 7/11/2016

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

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

Cozen O'Connor on 6/24/2016

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

Intellectual Property Law - June 2016

Manatt, Phelps & Phillips, LLP on 6/13/2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

The New Defend Trade Secrets Act: Implications For Employers

Maynard Nexsen on 6/8/2016

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

The Landmark Defend Trade Secrets Act of 2016

Morgan Lewis on 5/31/2016

The Defend Trade Secrets Act of 2016 (DTSA) amends the Economic Espionage Act of 1996, which provides for federal criminal penalties for foreign economic espionage and trade secret theft and adds new federal civil trade...more

A New Federal Tool to Defend Against Trade Secret Theft

Lowndes on 5/26/2016

A new federal law, the Defense of Trade Secrets Act (DTSA), was signed into law on May 11, 2016 by president Obama becoming Public Law No. 114-153. The new law is authorized by the Commerce Clause of the U.S. Constitution...more

What’s To Know About the Defend Trade Secrets Act of 2016

Gray Reed on 5/25/2016

Congress has passed the Defend Trade Secrets Act of 2016 and the president is expected to sign it into law. The DTSA allows suits in federal court for misappropriation of trade secrets. Before the DTSA, most litigants would...more

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

Foley & Lardner LLP on 5/20/2016

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

Orrick - Trade Secrets Group on 5/20/2016

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

Saul Ewing LLP on 5/20/2016

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

Perkins Coie on 5/19/2016

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

Pierce Atwood LLP on 5/19/2016

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

New Federal Law Governs Trade Secrets

FordHarrison on 5/18/2016

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

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 5/17/2016

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

Robinson & Cole LLP on 5/16/2016

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

Implications of the Defend Trade Secrets Act of 2016

Chambliss, Bahner & Stophel, P.C. on 5/16/2016

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?

Franczek P.C. on 5/16/2016

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

Orrick - Employment Law and Litigation on 5/16/2016

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

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

Burr & Forman on 5/16/2016

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

McDermott Will & Emery on 5/16/2016

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

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