The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more
Is Theft of Trade Secrets a Crime Under Federal Law? Yes. In this installment, we’ll focus on the Economic Espionage Act (EEA) and the Defend Trade Secrets Act (DTSA), as well as the Computer Fraud and Abuse Act (CFAA). Theft...more
If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used...more
Understanding the definition of a trade secret under federal law is crucial for businesses looking to protect their valuable information. Trade secrets are also defined by state law. While there is no single, universal...more
In the world of business, safeguarding your company’s valuable information is crucial to maintaining a competitive edge. One of the most important assets a company can have is its trade secrets. But what exactly are trade...more
Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq....more
Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more
Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation...more
Do you need to have a contract to bring a trade secret claim? No. Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists...more
What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more
Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes...more
On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in...more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
How can you defend yourself if you are accused of misappropriation of trade secrets? This is a complex area of the law and there is no one-size-fits-all defense. Developing a strategy to successfully defend against a claim...more
What is the statute of limitations for a trade secrets claim? Three years. The Arkansas Uniform Trade Secrets Act explicitly provides that there is a three-year statute of limitations. The three-year time period begins to run...more
Who can be held accountable for misappropriation of Trade Secrets? The Arkansas Uniform Trade Secrets Act answers this question, explaining that the following may be liable for trade secret misappropriation:
Individuals....more
What must you show to prove that someone misappropriated trade secrets? The Arkansas Uniform Trade Secrets Act provides that misappropriation of trade secrets can be shown in one or more of three ways: acquisition or physical...more
4/3/2024
/ Acquisitions ,
Breach of Duty ,
Bribery ,
Disclosure ,
Espionage ,
Fraudulent Inducement ,
Intellectual Property Protection ,
Misappropriation ,
Misrepresentation ,
Misuse of Information ,
Theft ,
Trade Secrets ,
Uniform Trade Secrets Acts
When someone violates the secrecy of a company’s trade secrets, what can the company do about it? Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be...more
In the fast-paced world of tech litigation, one case stands out for its implications on trade secrets and intellectual property rights: Neural Magic, Inc. v. Meta Platforms, Inc. and Aleksandar Zlateski. This federal court...more
How do you protect trade secrets? You take reasonable efforts to maintain the secrecy of the information. As we have outlined in prior installments of this series, taking reasonable efforts to maintain secrecy is a key issue...more
Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more
3/13/2024
/ Confidential Information ,
Disclosure ,
Former Employee ,
Intellectual Property Protection ,
Misappropriation ,
Preliminary Injunctions ,
Reputational Injury ,
Restraining Orders ,
Trade Secrets ,
Trial Court Orders ,
Unfair Competition ,
Uniform Trade Secrets Acts
Are customer/client lists protectable trade secrets in Arkansas?
It depends. Answering this question involves looking closely at the facts and circumstances of each situation. There is some case law examining the legal...more
Case law informs the definition of “trade secret” which assists us as we prospectively counsel clients and litigate trade secret cases. In addition to the statutory definitions of “Trade Secret” that control what’s included...more
The Arkansas civil and criminal statutes referenced in our prior blog posts on the subject each have their own definition of what constitutes a trade secret. The applicable definitions are highlighted below....more
Has Arkansas adopted the Model Uniform Trade Secrets Act? Yes, but with modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq. S
ome...more
Is theft of trade secrets a crime in Arkansas? Yes. Under Arkansas Code Annotated Section 5-36-107, the Arkansas Penal Code establishes that theft of trade secrets is a Class A misdemeanor. The statute establishes that a...more