News & Analysis as of

Misappropriation Notice Requirements

Troutman Pepper

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

Troutman Pepper on

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

Holland & Knight LLP

Defend Trade Secrets Act Nears Year One: What Employers, Trade Secret Owners Need to Know

Holland & Knight LLP on

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

Nossaman LLP

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

Nossaman LLP on

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

Mintz - Intellectual Property Viewpoints

The Defend Trade Secrets Act: A Powerful New Tool for Employers

Trade secrets provide significant value for American companies. Take, for example, the formula for Coca-Cola. The exact formula for the popular softdrink is a closely guarded secret, and Coca-Cola’s exclusive ability to make...more

Proskauer - The Capital Commitment

Defend Trade Secrets Act — Implications for Private Funds

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

Dentons

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

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On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...more

Fisher Phillips

New Federal Trade Secret Statute Requires Important Updates To Contracts And Policies

Fisher Phillips on

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover...more

McAfee & Taft

Gavel to Gavel: DTSA opens federal courthouse doors

McAfee & Taft on

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

Cozen O'Connor

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

Cozen O'Connor on

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic...more

Poyner Spruill LLP

The Defense of Trade Secrets Act of 2016 - A new federal cause of action for trade secret misappropriation

Poyner Spruill LLP on

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016. Effective immediately, the DTSA establishes a federal cause of action for trade secret misappropriation. The new statutory framework largely...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

Burr & Forman

Burr Alert: What The New Federal Trade Secrets Law Means For Employees

Burr & Forman on

The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant. ...more

Maynard Nexsen

The New Defend Trade Secrets Act: Implications For Employers

Maynard Nexsen on

With the enactment of the federal Defend Trade Secrets Act of 2016 (DTSA), owners of trade secrets now have the ability to bring a cause of action for misappropriation of trade secrets in federal court. Previously, employers...more

Goulston & Storrs PC

The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know

Goulston & Storrs PC on

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more

Morgan Lewis

The Landmark Defend Trade Secrets Act of 2016

Morgan Lewis on

The Defend Trade Secrets Act of 2016 (DTSA) amends the Economic Espionage Act of 1996, which provides for federal criminal penalties for foreign economic espionage and trade secret theft and adds new federal civil trade...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

Knobbe Martens

The Defend Trade Secrets Act: What You Should Do Now

Knobbe Martens on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is an expansion of the Economic Espionage Act of 1996 and generally authorizes a civil action in federal court for the...more

Best Best & Krieger LLP

Federal Defend Trade Secrets Act Takes Effect

Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...more

Obermayer Rebmann Maxwell & Hippel LLP

Obama Signs Law Giving Trade Secrets Federal Protection

A company’s confidential trade secrets are their most coveted assets and give a company a competitive edge over its competitors. Such trade secrets may include product specifications and formulas, recipes, computer...more

Foley & Lardner LLP

Pssst, The Secret Is Knowing What You Can’t Do With The Defend Trade Secrets Act

Foley & Lardner LLP on

The Defend Trade Secrets Act (“DTSA”) became law with President Obama’s signature on May 11, 2016. The DTSA is an amendment to the Economic Espionage Act of 1996 and, for the first time, affords a federal private right of...more

Patterson Belknap Webb & Tyler LLP

Take Notice (And Give Notice!): The “Defend Trade Secrets Act of 2016” (DTSA) Requires Immediate Employer Action

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, creating the first federal civil cause of action for misappropriation of trade secrets. One provision of the DTSA requires immediate action by...more

Smith Anderson

Defend Trade Secrets Act Creates New Federal Claim For Misappropriation of Trade Secrets

Smith Anderson on

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...more

Ward and Smith, P.A.

Did You Tell Them? Employers' Notice Obligations Regarding Whistleblowers Under the Federal Defend Trade Secrets Act

Ward and Smith, P.A. on

The federal Defend Trade Secrets Act ("DTSA"), an amendment to the Theft of Trade Secrets Act, became effective May 12, 2016. The DTSA provides trade secret owners an avenue to pursue claims for trade secret misappropriation...more

Eversheds Sutherland (US) LLP

Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act

The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take...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

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