News & Analysis as of September 24, 2024

Trade Secrets › 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 -

Notice May Be Required for California Employees Subject to Non-Competes

White & Case LLP on 2/5/2024

California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

Mintz - Employment Viewpoints on 12/20/2023

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Employment Litigation Roundup: November 2023

Seward & Kissel LLP on 12/4/2023

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

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

New York Limits Employee Invention Assignment Provisions

Hinshaw & Culbertson - Employment Law... on 10/25/2023

Governor Kathy Hochul signed a bill into law last month that amended the New York State Labor Law by adding a new section (203-f). The law prohibits any clause in an employment agreement that requires employees to assign...more

Trends in Trade Secret Litigation and 7 Tips for Employers in the Post-DTSA World

Fisher Phillips on 3/1/2022

Over five years ago, the Defend Trade Secrets Act (DTSA) was signed into law, passing with broad bipartisan support and signaling a new frontier for employers seeking to protect their trade secrets. Since its adoption, the...more

The Defend Trade Secrets Act: An Overview and Key Developments

Haug Partners LLP on 7/16/2020

Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

The evolving landscape of non-compete agreements - change is underway in New York State - could non-compete clauses become...

Eversheds Sutherland (US) LLP on 5/1/2019

Employers commonly use non-compete agreements to protect the use of their trade secrets and other confidential business information from employers who leave to join competitors. New York State appears poised to join a number...more

You Can’t Sue the Government Under the Federal Trade Secret Act

Holland & Knight LLP on 10/18/2018

It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA) for disclosing your trade secrets" – at least so...more

August 2018 IP Update - Massachusetts Trade Secret Protections Are About to Resemble Everyone Else’s. That Brings Changes that...

Sunstein LLP on 9/13/2018

There is great value in the commercial predictability that comes when all states subscribe to a single uniform code. Massachusetts and New York had long been the only states not to have adopted the Uniform Trade Secrets Act...more

The Rise of Trade Secret Litigation in the Digital Age

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola and the Big Mac’s...more

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Sheppard Mullin Richter & Hampton LLP on 12/7/2017

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Is There Automatic Civil Liability For A Data Breach?

Fisher Phillips on 11/15/2017

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

Trade Secrets: What In-House Counsel Need to Know

Parker Poe Adams & Bernstein LLP on 9/27/2017

As former U.S. Attorney General Eric Holder observed, there are only two types of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet. ...more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

Mintz - Intellectual Property Viewpoints on 9/25/2017

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

Courts Still Heavily Favor Rule 65 TROs Over DTSA Ex Parte Seizures

Orrick - Trade Secrets Group on 6/8/2017

The Defend Trade Secrets Act of 2016 was signed into law by President Obama on May 11, 2016. While the DTSA has been on the books for over a year, relatively few courts have addressed the ex parte seizure provision and even...more

Defend Trade Secrets Act Nears Year One: What Employers, Trade Secret Owners Need to Know

Holland & Knight LLP on 4/25/2017

An employer or trade secret owner can now assert a federal private cause of action for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. §1836(b), if “the trade secret is related to a...more

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

Fisher Phillips on 4/4/2017

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

Robinson+Cole Data Privacy + Security Insider on 2/24/2017

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

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

Nossaman LLP on 1/25/2017

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

How Energy Firms Can Use The Defend Trade Secrets Act

WilmerHale on 11/18/2016

Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets...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

Federal Precedents Under the DTSA Have Arrived

Seyfarth Shaw LLP on 8/2/2016

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...

Knobbe Martens on 7/27/2016

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

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Trade Secrets › Private Right of Action

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