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WilmerHale lawyers advise clients on every aspect of trade secret law from contracts to complex litigation. Below please find a short update on an important development in trade secret whistleblower protections in the...more
“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more
Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more
The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...more
A unique feature of the Defend Trade Secrets Act (DTSA)—the federal statute opening federal courthouse doors to civil claims for trade secret misappropriation—is that it gives immunity from civil or criminal liability to...more
In what appears to be a first under the Defend Trade Secrets Act (“DTSA”), a United States District Judge has thrown out claims against an alleged trade secret thief on the basis of the DTSA’s immunity for confidential...more
We first wrote on this topic nearly a year ago. Since then, courts have had an opportunity to interpret some of the provisions of the federal Defend Trade Secrets Act (DTSA). Indeed, since it was signed into law, more than...more
An employer or trade secret owner can now assert a federal private cause of action for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. §1836(b), if “the trade secret is related to a...more
In the spring of 2016, the Defend Trade Secrets Act (“DTSA” or “Act”) was signed into law providing trade secret owners for the first time a federal civil cause of action for trade secret misappropriation. Although the DTSA...more
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
If you are a regular reader of TSW, you know we have been monitoring developments relating to the Defend Trade Secrets Act of 2016 (DTSA). While the Northern District of California was the first court to enter a written...more
In 2016, Congress drastically changed trade secret law with the passage of the Defend Trade Secrets Act of 2016 (the DTSA) that creates a federal civil action for trade secret theft, and we expect plenty of trade secret...more
This past Spring, we reported on the recently enacted Defend Trade Secrets Act (“DTSA”), which provides a new federal civil cause of action to trade secret owners seeking to pursue claims of trade secret misappropriation. ...more
In an effort to keep you up to speed regarding the Defend Trade Secrets Act of 2016, we are writing to report about a recent case from the U.S. District Court for the District of Massachusetts clarifying aspects of the...more
It has been nearly five months since President Obama signed the federal Defend Trade Secrets Act (“DTSA”) on May 11, 2016, extending federal protection to trade secrets. In the past few months, employers around the country...more
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA” or the “Act”) into law. Prior to enactment of the DTSA, the law governing trade secrets was left to the states, most of which have...more
In June, agriculture giant Monsanto was the first to use the Defend Trade Secrets Act (DTSA) by filing a federal suit in the Eastern District of Missouri naming one former employee and a number of John and Jane Does as...more
On May 11, 2016, the federal Defend Trade Secrets Act (DTSA) became law. The DTSA provides trade-secret protections on the federal level that are similar to those available through the Uniform Trade Secrets Act (UTSA)...more
Although some version of the Uniform Trade Secrets Act (“UTSA”) has widely been adopted by most states, including California, variations among the versions and related judicial interpretation has led to...more
Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade...more
In May, President Obama signed into law the Defend Trade Secrets Act of 2016, which permits trade secret owners to seek relief for trade secret misappropriation in federal court. Originally published in The Journal...more
The Defend Trade Secrets Act – What Employers Need To Know Right Now - Trade secrets are a critical component of the intellectual property of a company, either standing alone or as a complement to a company’s patent...more
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which has been widely hailed as the “most significant expansion” of federal intellectual property law since the passage of the...more
On May 11, 2016, President Barack Obama signed into law the landmark Defend Trade Secrets Act ("DTSA"), which amends the Economic Espionage Act. The DTSA, which was passed almost unanimously by Congress, creates a new federal...more
So what is a trade secret? Generally, a trade secret is information that the owner has taken reasonable measures to keep secret, derives independent economic value from not being generally known, and cannot be readily...more