Trade Secrets › Uniform Trade Secrets Acts

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.

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News & Analysis as of May 24, 2013

Texas Enacts Uniform Trade Secrets Act

by Erin Leu, Ronald Manthey, Paulo McKeeby | Morgan Lewis on 5/22/2013

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

Governor Signs New Trade Secrets Law

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more

Texas Insiders Say Businesses Champing At The Bit For New Trade Secrets Law To Take Effect

by Daniel Corbett, Scott Lindlaw | Orrick - Trade Secrets Group on 5/17/2013

For decades, Texas was the wild west of trade secrets law, governed by the state’s outdated common law with no trade secrets statute on the books. ...more

BREAKING NEWS: Don’t Mess with Texas Trade Secrets: Lone Star State Becomes 48th State to Adopt Uniform Trade Secrets Act

by Scott Lindlaw, Michael Spillner | Orrick - Trade Secrets Group on 5/3/2013

In the battle to harmonize trade secret law, Texas was the Alamo—the biggest state to hold out against the rising tide of states adopting the Uniform Trade Secrets Act. But the Lone Star State is an outlier no more. Today...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

by Thomas Dye | Carlton Fields on 4/25/2013

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

by Wilson Sonsini Goodrich & Rosati on 4/16/2013

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

by Gillian Watson Egan | Burr & Forman on 4/10/2013

Alabama enacted the Alabama Trade Secrets Act (the “ATSA”) in 1987. However, since that time, there have been relatively few reported court decisions analyzing the impact of the ATSA on common law claims. A federal district...more

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

by Wilson Sonsini Goodrich & Rosati on 2/26/2013

Earlier this month, the U.S. District Court for the Southern District of California awarded more than $11 million in attorneys' fees and costs to three trade secret defendants, finding that plaintiffs who had raised a claim...more

Ninth Circuit Vacates MGA's Trade Secrets Counterclaim Award

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/18/2013

The long-running dispute between Mattel and MGA Entertainment is one of the most notable, costly competition cases of the last decade. As most readers probably know, Mattel makes the popular Barbie line of dolls and sued its...more

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/12/2013

The new year is off to a pretty big start. We've already seen significant decisions from federal appellate courts on criminal trade secrets prosecutions and the epic Mattel/MGA "Bratz" dolls dispute. We have a looming debate...more

Intellectual Property Rights Include Protection for Trade Secrets

by Robert L. Guehl on 12/21/2012

Many businesses rely on keeping trade secrets confidential. Coca-Cola has successfully kept their formula secret for many years. Apple and Samsung have been embroiled in a lengthy trade secret battle over phones and tablets....more

Much Ado About Something

by Kelly Scott | Ervin Cohen & Jessup LLP on 10/30/2012

Over the last couple of months there has been a fair amount of press given to the California Appellate Court decision in SASCO v. Rosendin Electric, Inc., 207 Cal. App. 4th 837 (2012). As is typical with cases brought under...more

Permanent Injunctions and The Erie Problem

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/26/2012

God help us all! I am discussing the Erie v. Tompkins case from 1938. This was like the fourth most annoying case from law school, and I thought I left it once and for all in Champaign, Illinois in 1997....more

Zynga May Shed Light on Its Own Practices in Going After Former Employee for Trade Secrets Theft [Video]

by LXBN on 10/24/2012

In a way, you could describe Zynga as a figurative burning building, with stock prices plummeting, key employees leaving and layoffs underway. If you prefer another analogy—especially in looking at things within the context...more

Introduction to Trade Secrets

by Frederic Douglas on 10/17/2012

A brief overview on trade secrets and how to protect trade secrets....more

Ohio's Standard for Malicious Litigation Sounds Familiar

by Kenneth Vanko | Clingen Callow & McLean, LLC on 9/27/2012

I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

by Wilson Sonsini Goodrich & Rosati on 9/21/2012

Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more

The Reading List (No. 9)

by Kenneth Vanko | Clingen Callow & McLean, LLC on 8/17/2012

Today's reading list - which is long overdue - leads with a few articles geared towards in-house counsel....more

Safeguarding your business' trade secrets

by Snell & Wilmer L.L.P. on 8/7/2012

Originally published in The Enterprise - Utah’s Business Journal - July 16-22, 2012 - Volume 41, Number 48. One of the consequences of being in a state that has an extremely well educated population combined with a...more

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Trade Secrets › Uniform Trade Secrets Acts

Texas Enacts Uniform Trade Secrets Act

Governor Signs New Trade Secrets Law

Texas Insiders Say Businesses Champing At The Bit For New Trade Secrets Law To Take Effect

BREAKING NEWS: Don’t Mess with Texas Trade Secrets: Lone Star State Becomes 48th State to Adopt Uniform Trade Secrets Act

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

Ninth Circuit Vacates MGA's Trade Secrets Counterclaim Award

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

Intellectual Property Rights Include Protection for Trade Secrets

Much Ado About Something

Permanent Injunctions and The Erie Problem

Zynga May Shed Light on Its Own Practices in Going After Former Employee for Trade Secrets Theft [Video]

Introduction to Trade Secrets

Ohio's Standard for Malicious Litigation Sounds Familiar

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

The Reading List (No. 9)

Safeguarding your business' trade secrets

Zynga May Shed Light on Its Own Practices in Going After Former Employee for Trade Secrets Theft [Video]

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