News & Analysis as of

Defend Trade Secrets Act (DTSA)

Trade secrets are more important, and trade secret litigation is more common

by DLA Piper on

In today's business environment, trade secrets have become much more important, and trade secret litigation much more common. The trade secret environment we are living in is very different from that of ten years ago, or even...more

Intellectual Property Bulletin - Fall 2017

by Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

by Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

Defending Trade Secrets In The Gig Economy

by Fisher Phillips on

Waking up to news of another major data breach seems to have become a daily routine. On the front pages and cable news, we hear about hackers, rogue governments, and shadowy figures involved with these data breaches. But too...more

Keys to the Kingdom: How Confidentiality Agreements Are Key to Keeping Business Information Secret

by Payne & Fears on

In today’s business environment, greater employee mobility and technological advances underscore the need to protect a company’s confidential information and trade secrets. Stories of employees departing with confidential...more

Federal Court Warns Companies – If You Don’t Protect Your Trade Secrets, Neither Will We

by Jackson Lewis P.C. on

In 2016 Congress passed the Defend Trade Secrets Act, creating a federal cause of action for the theft of trade secrets. For a plaintiff attempting to prove that the information at issue is a trade secret, there is a tendency...more

Big Brown v. PowerPoint Pilferers in Trade Secret Spat

by Seyfarth Shaw LLP on

Earlier this week, the United Parcel Service, Inc. (“UPS”) filed a lawsuit in the Northern District of Georgia, Atlanta Division, against several unidentified UPS pilots, who are referred to in the complaint as “John Does...more

How to Protect Trade Secrets Under Federal Law

by Revision Legal on

Trade secrets are among the most valuable forms of intellectual property owned by any business. Those trade secrets should be and must be protected from misappropriation and unauthorized disclosure. As recently reported,...more

Enforcement of Federal Intellectual Property Rights for Cannabis-Related Inventions Is Being Tested in Federal Court

Numerous cannabis businesses have recently sought and secured federal intellectual property protection for their cannabis-related innovations, for example patents to protect novel cannabis varieties, growing methods,...more

Intellectual Property Law - September 2017

Looking Through an IP Lens at Blockchain and Cryptocurrency - Why it matters: With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money”...more

Trade Secrets: What In-House Counsel Need to Know

As former U.S. Attorney General Eric Holder observed, there are only two types of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet. Please see full...more

Emerging Trends in Defend Trade Secrets Act Litigation

by K&L Gates LLP on

Congress created the first statutory private federal cause of action for trade secret misappropriation when it enacted the Defend Trade Secrets Act (“DTSA”) on May 11, 2016. Although the DTSA has some material differences...more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

Avoiding Common Errors in Employment Documents: A Checklist

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 3

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? - On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations?

On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation – celebrated its first birthday. The law was the result of years of negotiation between...more

EU Study: Trade Secrets Top Patents in European Union

Just as the U.S. Patent and Trademark Office has shown a keen interest in better understanding policy concerns and the needs of business stakeholders in the area of trade secrets against the backdrop of a new federal law, the...more

Lessons Learned: Tips on How to Allege and Argue Trade Secret Misappropriation at a Preliminary Injunction Hearing

Since its passage in 2016, the Defend Trade Secrets Act (DTSA) has increasingly become a valuable tool for employers seeking to enjoin former employees and competitors from misappropriating trade secrets. However, in requests...more

Defend Trade Secrets Act: Recent Developments Raise Questions About Inadvertent Disclosure

by Womble Bond Dickinson on

The Defend Trade Secrets Act (“DTSA”), signed into law last year by President Obama, revolutionized intellectual property law by creating a new civil cause of action permitting trade secret owners to sue for misappropriation...more

New Texas Laws Taking Effect September 1, 2017

by FordHarrison on

Though employment issues were not the focus of the 85th Regular and Special Legislative Sessions of the Texas Legislature, Texas employers should be aware of a handful of new Texas laws which take effect September 1, 2017....more

Series: Defend Trade Secrets Act | Stopping Further Leaks: Protecting Trade Secrets While Litigating Misappropriation

by Fish & Richardson on

Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating...more

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more

Series: Defend Trade Secrets Act | Lessons in Surviving a Motion to Dismiss

by Fish & Richardson on

Our colleague Olga May recently blogged about how to plead a claim under the DTSA. In this next installment of the DTSA series, we’ll take a deeper look at some samples from the rapidly-expanding set of decisions addressing...more

Series: Defend Trade Secrets Act | Pleading A Claim Under the DTSA

by Fish & Richardson on

Courts have had over a year to address the pleading requirements under the federal Defend Trade Secrets Act (“DTSA”), after it took effect in May 2016. The general pleading standard remains the plausibility test under the...more

Three Urgent Questions to Ask When Trade Secrets Migrate Across Borders

by Kobre & Kim on

Today’s employees can quickly become tomorrow’s trade rivals. Seamless information-sharing among an increasingly global workforce is great — until key knowledge lands in competitors’ hands. It may be tempting for teams and...more

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