News & Analysis as of

Confidential Information Intellectual Property Protection UTSA

Jackson Lewis P.C.

Insider Threats: The Overlooked Risks of Departing Employees and Sensitive Data Theft

Jackson Lewis P.C. on

Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive...more

Seyfarth Shaw LLP

No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.

Seyfarth Shaw LLP on

In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of...more

Baker Donelson

Trade Secret Protection Plans Provide Certainty to Employers

Baker Donelson on

Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the...more

Sheppard Mullin Richter & Hampton LLP

Reminder to Professional Services Firms – Do Not Take Your Trade Secrets for Granted

For most (if not all) professional services firms, client databases, client contact lists, and information reflecting client preferences are regarded by such firms as trade secrets that are essential to the business. ...more

Epstein Becker & Green

Secrecy Is a Necessary, but Not Sufficient, Condition of Alleging Information Is “Trade Secret”: a Court Rules Information Must...

Epstein Becker & Green on

In Payward, Inc. v. Runyon, Case No. 20-cv-02130-MMC, the United States District Court for the Northern District of California granted a Rule 12(b)(6) motion, ruling that information alleged to be “secret” failed to qualify...more

Seyfarth Shaw LLP

Trade Secret Litigation on the Rise in California: How ADR Can Help

Seyfarth Shaw LLP on

Trade secret litigation in California is growing, in both volume and impact. The second-largest plaintiffs’ verdict in 2019 was $845 million, as reported by the Daily Journal, which was awarded to ASML, a Dutch semiconductor...more

Seyfarth Shaw LLP

Love in the Time of Coronavirus: Protecting Trade Secrets During a Pandemic

Seyfarth Shaw LLP on

Fear of the coronavirus is causing many employers to permit—or in some cases mandate—employees to work remotely. While this measure is designed to minimize the risk of virus transmission, it presents an altogether different...more

Dorsey & Whitney LLP

Compliance Tips in Light of Tightened Enforcement against IP Leaks by U.S. Government

Dorsey & Whitney LLP on

It was reported recently that certain universities and medical research centers in the U.S. made adverse employment decisions against several Chinese-American scientists who were suspected of disclosing confidential...more

Allen Matkins

Court Concludes CUTSA Does Not Preempt Breach Of Fiduciary Duty Claim

Allen Matkins on

The California Uniform Trade Secrets Act (CUTSA) provides various remedies for misappropriation of a trade secret (as defined). The legislature, however, was "vexingly oblique" in prescribing the effect of CUTSA on common law...more

Orrick - Trade Secrets Group

Massachusetts Enacts New Reforms On Noncompetes, Becomes 49th State To Enact UTSA

Just two days after TSW’s inaugural post, we brought you news of Texas becoming the 48th state to enact some form of the Uniform Trade Secrets Act (UTSA)....more

Orrick - Trade Secrets Group

Banking On Standard Operating Protocols As Trade Secrets

In a testament to the wide breadth of potential trade secret protection to any number of industries, a court in the Western District of Washington denied a 12(b)(6) motion to dismiss Seattle Sperm Bank’s (SSB) DTSA and...more

Fisher Phillips

The DTSA’s Ex Parte Seizure Remedy – Two Years Later

Fisher Phillips on

Enacted in May 2016, the federal Defend Trade Secrets Act (DTSA) created a new remedy that was not available under any state's Uniform Trade Secrets Act (UTSA) – the ex parte civil seizure. This remedy permitted plaintiffs to...more

Seyfarth Shaw LLP

At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade

Seyfarth Shaw LLP on

This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....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

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

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