UTSA

News & Analysis as of

Delaware Court Finds Password Protection for Electronic Documents Insufficient to Preserve Trade Secrets

Key questions in most trade secret cases are whether information was misappropriated and whether that information qualified as a trade secret in the first place. Under the Uniform Trade Secrets Act’s definition of a trade...more

Massachusetts Legislature Fails to Pass Bill to Ban Noncompetes and Adopt the UTSA

Employers in the Commonwealth of Massachusetts can breathe a sigh of relief now that the Massachusetts legislature has rejected a bill to ban noncompetition agreements. The effort to outlaw noncompetes in the Commonwealth has...more

The Uniform Trade Secrets Act: Differences from the Common Law and from State to State

Recently, Texas adopted the Uniform Trade Secrets Act (“UTSA” or “the Act”), with some minor modifications, S.B. 953, 83rd Leg., Reg. Sess., § 4 (Tex. 2013), becoming the 47th State (plus Washington, D.C. and Puerto Rico) to...more

Roses Are Red, Violets Are Blue, Giving Someone Trade Secrets Injures the Owner, and Using Them Does Too

How do two companies end up liable for nearly $50 million in damages relating to confidential, trade secret materials? Like many romances gone awry, this tale arose from actions taken under cover of secrecy that did not look...more

Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more

Making a Federal Case Out of Trade Secret Misappropriation

NEWSFLASH-Congress may actually do something. There is talk of a bipartisan (you read that right, BIPARTISAN) bill to provide redress for trade secret theft in federal courts. Today trade secrets are the poor relations...more

United States Trade Secrets Law

The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more

Data Security in a Technological World

The Uniform Trade Secrets Act, adopted by 47 states including Virginia, Maryland, and the District of Columbia, generally defines protectable trade secrets as information that derives independent economic value from not being...more

Despite The Cheers, The Defend Trade Secrets Act Bill Has Holes: What’s A Plaintiff To Do If It Passes?

State court or federal court? If the Defend Trade Secrets Act of 2014 (DTSA) (S. 2267, introduced on April 29, 2014) becomes law, then trade secrets plaintiffs — not just those who can maintain diversity jurisdiction — could...more

Update Back From The Dead: Senators Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

With a powerful industrial coalition lining up behind them, two senators are trying yet again to establish a federal right of civil action for trade secret misappropriation, potentially making trade secrets an IP stepchild no...more

Eleventh Circuit: Restaurant’s Stolen Recipe Claims Are Stale

It should be obvious that if you want trade secret protection, you shouldn’t wave your purported trade secret around in public. Likewise, if you see someone openly disclosing your trade secret on television, you should...more

LEGISLATIVE UPDATE: Senator Proposes New Bill To Create Civil Cause Of Action For Foreign Theft Of Trade Secrets

Just before the Thanksgiving holiday last week, Senator Jeff Flake (R-Ariz.) introduced the Future of American Innovation and Research Act, a new trade secrets bill that would allow American trade secrets owners to sue...more

Employment Law Commentary -- Volume 25, Issue 11 -- November 2013: Trade Secret Protection From the Silicon Valley to the Silicon...

For the two million Californians who have left the state in the past decade, Texas has been the most popular destination. Further, 254 California companies moved some or all of their work and jobs out of state— frequently to...more

Sorting Laundry: California Court Reaffirms Scope Of Uniform Trade Secrets Act

Angelica Textile Services, Inc. v. Park, No. D062405 (October 15, 2013): A California Court of Appeal recently held that claims of breach of contract, breach of fiduciary duty, and unfair competition are not “displaced” or...more

Are You Leaving Some Of Your Most Important Assets Unprotected? – Trade Secrets

Trade secrets can be some of the most valuable assets a company has and it is important put procedures in place to safeguard this information. The Uniform Trade Secrets Act, adhered to by a majority of states, defines trade...more

Texas Public Information Act: Uniform Trade Secret Act Broadens the Scope of Protection

The 83rd Texas Legislature recently enacted Senate Bill 953 and created the Texas Uniform Trade Secrets Act ("TUTSA") in Chapter 134A of the Texas Civil Practice and Remedies Code. For companies wishing to defend their...more

California Appellate Court Reaffirms the Trade Secret Displacement (Preemption) Doctrine

Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more

Texas Adopts the Uniform Trade Secrets Act

Texas recently adopted the Uniform Trade Secrets Act, making it effective on September 1, 2013. S.B. 953, 83rd Leg., Reg. Sess., § 4 (Tex. 2013) (the “Act”). The Act has been adopted by 46 other states, plus the U.S. Virgin...more

18 Results
|
View per page
Page: of 1