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Trade Secrets › State Law Claims

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 -
Holland & Knight LLP

Dismissal of State Court Claims Bars DTSA Claim in Federal Court

Holland & Knight LLP on

By statute, judgments of state courts are entitled to the same preclusive effect in subsequent federal litigation as they would have in subsequent state court litigation. 28 U.S.C. § 1738. A recent decision by the U.S. Court...more

Eversheds Sutherland (US) LLP

AI Litigation Insights: zvelo, Inc. v Netskope, Inc.

Eversheds Sutherland (US) LLP on

Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Laws Protect Trade Secrets in Arkansas?

Mitchell, Williams, Selig, Gates & Woodyard,... on

Businesses are built through hard work and significant investment. One of the most significant investments, and thus greatest assets to a business, is the investment of time and resources in its people. Protecting that...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Hicks Johnson

A Guide to Texas Trade Secret Laws

Hicks Johnson on

What companies need to know as disputes grow larger, more frequent - Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

Holland & Knight LLP on

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Holland & Knight LLP

Whether the “Economic Loss Rule” Applies To DTSA Claims

Holland & Knight LLP on

A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach of a non-disclosure...more

Sunstein LLP

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

Sunstein LLP on

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

Foley & Lardner LLP

Invention Assignment Agreements – How to Avoid Pitfalls

Foley & Lardner LLP on

Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves. Employee invention assignment agreements are one crucial tool for...more

Foley & Lardner LLP

Pleading a Claim for Misappropriation of Trade Secrets in California: A Problem of Particularity

Foley & Lardner LLP on

Recent decisions in California raised the question of whether a party asserting a claim for misappropriation of trade secrets must, in its pleadings, define the trade secrets at issue with particularity. The cases variously...more

Knobbe Martens

The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual...

Knobbe Martens on

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

Dentons

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

Dentons on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...more

Goulston & Storrs PC

The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know

Goulston & Storrs PC on

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more

Obermayer Rebmann Maxwell & Hippel LLP

Obama Signs Law Giving Trade Secrets Federal Protection

Obermayer Rebmann Maxwell & Hippel LLP on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Smith Anderson

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

Smith Anderson on

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

Genova Burns LLC

Federal Trade Secrets Act Now Law: What Companies Should Know

Genova Burns LLC on

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

McCarter & English, LLP

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

McCarter & English, LLP on

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

Lathrop GPM

POTUS Signs The Defend Trade Secrets Act

Lathrop GPM on

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

Tucker Arensberg, P.C.

Federal Trade Secret Law Brings New Protections to Confidential Business Data

Tucker Arensberg, P.C. on

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

Fish & Richardson

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

Fish & Richardson on

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

Benesch

Protecting Trade Secrets: A New Arrow in the Quiver

Benesch on

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

Alston & Bird

What the Defend Trade Secrets Act Means for You

Alston & Bird on

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

Foley & Lardner LLP

Protecting Trade Secrets Now Front, Center and National

Foley & Lardner LLP on

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

Womble Bond Dickinson

"Defend Trade Secrets Act" - How Will This New Law Affect Your Business?

Womble Bond Dickinson on

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

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