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Defend Trade Secrets Act (DTSA) Whistleblower Protection Policies Confidentiality Agreements

Proskauer - Employee Benefits & Executive...

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Morrison & Foerster LLP

Employment Law Commentary - Volume 29, Issue 1

The Cost Of Keeping Things Quiet: Crackdown On Confidentiality Clauses Calls For Explicit Carve-Outs - In last February’s Employment Law Commentary, we discussed best practices for drafting separation agreements. Among...more

Nossaman LLP

Did you know... Are You in Position to Take Advantage of the New Federal Defend Trade Secrets Act?

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Recently, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996, codified at 18 U.S.C. §§ 1831 et seq. Key benefits of the DTSA includes the option...more

Perkins Coie

Recent Whistleblower Protection Actions by SEC and Congress Add Risk to Severance Agreements

Perkins Coie on

Two recent SEC enforcement actions that describe how severance agreements may violate whistleblower protections under the federal securities laws if not properly drafted were the subject of a recent article by Perkins Coie...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Five Questions You Should Ask About the Defend Trade Secrets Act

What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act? Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The...more

Winthrop & Weinstine, P.A.

Employer Action Required to Ensure Continued Protection Under the New Federal Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act ("DTSA") into law, which provides a federal cause of action for an employer to enforce their trade secrets. The DTSA takes effect immediately. Employers...more

McAfee & Taft

Defend Trade Secrets Act requires immediate review of confidentiality agreements with employees and contractors

McAfee & Taft on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), which creates a new federal cause of action for misappropriation of trade secrets. Although the DTSA provides several new changes to trade secret...more

Pillsbury Winthrop Shaw Pittman LLP

Trade Secrets Claims Reach Federal Court: New Law Changes Jurisdiction, Remedies and Duties

Until May 12, 2016, trade secret law was the only area of intellectual property law left largely to state courts and state law. But no longer. On May 12, President Obama signed the Defend Trade Secrets Act of 2016, Pub. L....more

Faegre Drinker Biddle & Reath LLP

Employers Must Amend Confidentiality and Similar Agreements to Ensure Full Protection of the New Federal Trade Secrets Act

The federal Defend Trade Secrets Act (DTSA), which President Obama signed into law last week, puts a new and significant arrow in the quiver of employers seeking to enforce trade secret protections, as previously discussed in...more

Brooks Pierce

How the New Trade Secrets Law May Affect You

Brooks Pierce on

A week ago, on May 11, 2016, the President signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have been taken. What has been less heralded,...more

WilmerHale

Congress Creates Federal Right of Action for Trade Secret Misappropriation

WilmerHale on

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), which enables companies to go to federal court to sue for misappropriation of trade secrets. The new federal right of action for owners...more

Orrick - Employment Law and Litigation

Maximizing Protections Under the Defend Trade Secrets Act: Confidentiality Agreements Need to be Changed

With President Barack Obama's signature on Wednesday, the Defend Trade Secrets Act ("DTSA" or "Act") has now become law. Where trade secrets were once protected only at the state level, the DTSA now federalizes trade secrets...more

Burr & Forman

Just When Your Handbook Thought it Was Safe to Go Back In the Water: The Impact of the Defend Trade Secrets Act on Employers

Burr & Forman on

On April 27, 2016, the U.S. House of Representatives approved the Defend Trade Secrets Act (DTSA) by a 410-2 vote, the DTSA previously passed the Senate with an 87-0 vote. The DTSA provides employers with federal jurisdiction...more

Greenberg Glusker LLP

Newly Enacted "Defend Trade Secrets Act" Requires Notice Provision to Be Added to Future Confidentiality Agreements to Preserve...

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As you may have heard, on May 11, 2016, President Obama signed into law the new federal Defend Trade Secrets Act (DTSA). This is a significant and comprehensive law that now allows holders of trade secrets to pursue civil...more

Mintz

Trade Secrets Going Federal: President Obama Signs into Law Landmark Defend Trade Secrets Act Requiring Immediate Action by All...

Mintz on

On Wednesday, President Obama signed into law the groundbreaking Defend Trade Secrets Act (DTSA), which for the first time creates a federal civil remedy for trade secret misappropriation and provides uniformity (and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Defend Trade Secrets Act of 2016 - Client Advisory

This week, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. Widely described as the most significant expansion of federal intellectual property law in years, the DTSA creates a new federal cause of...more

Constangy, Brooks, Smith & Prophete, LLP

The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade...more

Benesch

Protecting Trade Secrets: A New Arrow in the Quiver

Benesch on

A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade...more

Alston & Bird

What the Defend Trade Secrets Act Means for You

Alston & Bird on

On May 11, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which received rare support across party lines, passing Congress unanimously in the Senate and by a vote of 410-2 in the House of Representatives....more

McAfee & Taft

The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

McAfee & Taft on

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon. This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would...more

Foley & Lardner LLP

Protecting Trade Secrets Now Front, Center and National

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Most employers understand, in this era where information moves so quickly and critically sensitive commercial information is very easy to move, that protecting trade secrets is more important than ever. In fact, the U.S....more

Fenwick & West LLP

Litigation Alert: Congress Overwhelmingly Approves the “Defend Trade Secrets Act of 2016” Paving the Way for Federal Jurisdiction...

Fenwick & West LLP on

Trade secrets law is poised to become federalized. After years of unsuccessful efforts to create a federal cause of action for trade secret theft, Congress has now passed The Defend Trade Secrets Act of 2016 (S.B. 1890). On...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Defend Trade Secrets Act of 2016 Heading to White House: What You Should Know Now

Congress has finally passed the anticipated Defend Trade Secrets Act of 2016 (DTSA). The bill, which is now on its way to the White House and is expected to be signed by President Obama, will be effective immediately once it...more

Latham & Watkins LLP

Defend Trade Secrets Act Passes Congress

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With President Obama’s signature expected, DTSA will allow for new federal civil suits, ex parte seizures, and whistleblower protections. After unanimously passing the Senate earlier this month, the Defend Trade...more

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