Uniform Trade Secrets Acts

News & Analysis as of

Rapid Changes in Standards for Fees in IP Disputes

Background of Attorney’s Fees in Patent Disputes - Old Patent Act Standard – The Patent Act by its express terms permits a prevailing party, whether a plaintiff-patentee or defendant-competitor, to recover its...more

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

New Federal Trade Secret Protections on the Horizon?

Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more

Will Trade Secrets Finally Get Federal Civil Protection?

On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic...more

Federal Trade Secret Legislation Proposal Gains New Life

The prospects for federal trade secret legislation has heated up again as there appears to be bipartisan support for a new bill. After failing in previous years, Senator Coons (D) recently joined forces with Senator Hatch (R)...more

NEW MASSACHUSETTS BILL: Promoting “Growth And Opportunity” Or Poisoning The Business Environment?

On April 10, 2014, Massachusetts Governor Deval Patrick proposed a bill entitled “An Act to Promote Growth and Opportunity.” Under this lengthy bill, Massachusetts would finally adopt the Uniform Trade Secrets Act, to which...more

Massachusetts Governor Deval Patrick Proposes Elimination of Most Non-Compete Agreements and Adoption of Uniform Trade Secrets Act

What you need to know: Massachusetts Governor Deval Patrick recently proposed legislative reform that would abolish non-compete agreements made in the technology and life sciences sectors, as well as other, currently...more

Massachusetts Governor Wants to Ban Non-Compete Agreements and Enact the Uniform Trade Secrets Act

Massachusetts Governor, Deval Patrick, recently announced a bill—An Act to Promote Growth and Opportunity—that would provide workforce training opportunities and promote economic development incentives across the...more

Willful Blindness on Trade Secrets: Employers Could Pay a Heavy Price

A recent trial experience provided an extraordinary lesson on the significant legal exposure employers face when hiring away employees from a competitor. I recently completed a jury trial in which my client obtained a $22.7...more

European Union To Adopt Union-Wide Trade Secrets Law

In a move heralded by businesses and intellectual property attorneys alike, the European Commission recently indicated that, on Nov. 27, 2013, it will adopt a proposed directive to harmonize national laws making a comparable...more

Covenants Not To Compete – Fourth DCA Considers A New Fine Question (Or Two)

I’ve written many times about Section 16600 of California’s Business & Professions Code which, with limited exceptions, voids covenants not to compete. See TRO Issued Enjoining Breach Of Non-Compete Agreement Clauses, No...more

California Court of Appeal Clarifies the Limits of Statutory Trade Secret Displacement (Supersession)

In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more

Intellectual Property Bulletin - Summer 2013: Federal Circuit Holds That Failure to Abide by NDA Confidentiality Designation...

Prior to discussing or exchanging proprietary information with one another, companies frequently enter into non-disclosure agreements (NDAs) to afford protections beyond what they would otherwise be entitled to under their...more

This Day In Trade Secrets: In October 1859, New York Marble Maker Sues Over Disclosure Of Marbleizing Methods

One hundred and fifty-four years ago this month, New York marble marker Egbert Deming sued Ezra Chapman, seeking to prevent him from disclosing a secret method for making artificial marble. Chapman had agreed in writing not...more

New Texas Trade Secret Law Takes Effect September 1

The Texas Uniform Trade Secrets Act (TUTSA or the Act) takes effect on September 1, 2013, and will apply to the theft of trade secrets occurring on or after that date. While trade secrets have long received protection under...more

Trade Secrets Act Preemption – It’s Still A Mess

In 1979, the Uniform Trade Secrets Act (“UTSA”) was published in an attempt to provide a uniform legal framework for improved trade secret protection across all 50 U.S. states. ...more

This Day In Trade Secrets: Uniform Trade Secrets Act Approved 34 Years Ago Today

On this day in 1979, the National Conference of Commissioners on Uniform State Laws approved the Uniform Trade Secrets Act (UTSA) and recommended it for enactment in all states....more

Do you want to own a secret? What you should know about the new Texas trade secret law

Texas recently became the 47th state to adopt a version of the Uniform Trade Secrets Act (UTSA). The Texas UTSA, taking effect on September 1, 2013, aims to benefit the business community by bringing Texas trade secret law...more

News and Insights from Austin - Q2 2013

Welcome to the summer issue of News and Insights. In this issue, I’m proud to highlight Becca McKnight, who was recently selected by The Food and Drug Law Institute (FDLI) to serve on its Medical Devices Committee. Becca...more

Protecting Your Piece Of The Pie: Texas Adopts The Uniform Trade Secrets Act

Pizza the Action is a major distributor of pizza dough and toppings and provides these products to many large national pizza chains. ...more

Intellectual Property Bulletin - Spring 2013: Surprising Appetite in Washington for New Federal IP Legislation

On March 16, 2013, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to U.S. patent law in half a century, and was hotly debated over nearly a...more

Basic Guidelines for Protecting Company Trade Secrets

Under the Uniform Trade Secrets Act (UTSA), "trade secrets" are generally defined as confidential proprietary information that provides a competitive advantage or economic benefit....more

Bulletproofing A Billion-Dollar Verdict: In A Case Of High Intrigue, DuPont Tries To Defend Its Kevlar Trade Secrets Win On Appeal

Double agents. Bribery. Top-secret industrial facilities. Code words. An undercover FBI operation, complete with a wire. The DuPont v. Kolon Industries trade secrets trial had all the elements of a spy novel...more

Texas Joins 47 Other States to Adopt the Uniform Trade Secrets Act

On May 2, 2013, Governor Rick Perry signed the Texas Uniform Trade Secrets Act (TUTSA), a substantially similar law to the Uniform Trade Secrets Act (UTSA). The adoption of UTSA goes into effect on September 1, 2013, and...more

Guidelines for Protecting Company Trade Secrets

“Trade secrets” are generally defined as confidential proprietary information that provides a business with a competitive advantage or actual or potential economic benefit. Trade secrets are protected under the Economic...more

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