News & Analysis as of

Misappropriation Uniform Trade Secrets Acts Asset Seizure

Holland & Knight LLP

Examining Ex Parte Pre-Trial Seizures Under DTSA

by Holland & Knight LLP on

The Defend Trade Secrets Act (DTSA) provides for remedies in the form of damages, an injunction, and fees. 18 U.S.C. § 1836(b)(3). In addition to these remedies, DTSA provides for an ex parte pre-trial seizure of property....more

Fish & Richardson

Federal Trade Secret Cases Increase 30% Since DTSA

by Fish & Richardson on

A year after the 2016 passage of the Defend Trade Secrets Act (DTSA), the number of trade-secret case filings in federal district courts has spiked upward, according to a recent research report....more

Sheppard Mullin Richter & Hampton LLP

UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

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

K&L Gates LLP

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

GableGotwals

Gavel to Gavel: Trade secrets now a federal case

by GableGotwals on

Almost all businesses possess at least some trade secrets, which could include a wide variety of information, including customer lists, formulas, manufacturing processes, data compilations, marketing plans and many other...more

Fisher Phillips

Federal Court in California Rules on DTSA’s “Extraordinary” Ex Parte Seizure Remedy

by Fisher Phillips on

When the Defend Trade Secret Act (“DTSA”) was enacted last year, there was much debate on the remedy provision permitting the ex parte seizure of property. Such an order would not only direct the seizure of information...more

Cozen O'Connor

Trade Secrets Litigation Likely to Surge in 2017 Under the DTSA

by Cozen O'Connor on

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

Buchanan Ingersoll & Rooney PC

How the Defend Trade Secrets Act of 2016 Affects Employers and What You Need To Do Now

Almost all employers have information that they consider confidential and/or trade secrets, such as strategic plans for their business, financial information, research and development efforts, certain customer information...more

Seyfarth Shaw LLP

Federal Precedents Under the DTSA Have Arrived

by Seyfarth Shaw LLP on

While the Defend Trade Secrets Act of 2016 (“DTSA”) has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive...more

Cozen O'Connor

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

by Cozen O'Connor on

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

Cadwalader, Wickersham & Taft LLP

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

Pullman & Comley - Labor, Employment and...

Does The Federal Trade Secrets Act Make A Difference For Connecticut Employers?

The federal Defend Trade Secrets Act (the President signed it on May 11th) went on the books with a lot of fanfare. For the first time, employers (and other trade secret owners) have a federal law claim for trade secret...more

Moore & Van Allen PLLC

Another Challenge for Information Governance: The Defense of Trade Secrets Act

by Moore & Van Allen PLLC on

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

Orrick - Trade Secrets Group

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for...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

Clark Hill PLC

New Trade Secrets Law: What it Means for Your Business

by Clark Hill PLC on

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

Pepper Hamilton LLP

Seeking Shelter From the Patent Eligibility Storm: Does the DTSA Provide Sanctuary?

by Pepper Hamilton LLP on

For many charged with the development of intellectual property portfolios in the life sciences and software industries, navigating the stormy waters of patent eligibility has recently proven difficult. U.S. Supreme Court and...more

Weintraub Tobin

New Federal Trade Secret Law Takes Effect!

by Weintraub Tobin on

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

Kilpatrick Townsend & Stockton LLP

A Few Highlights From The Newly-Enacted Federal Defend Trade Secrets Act

The federal Defend Trade Secrets Act (the “DTSA” or “Act”) became law on May 11, 2016. Here are a few highlights: - 1. The DTSA seeks to address the significant effects that trade secret misappropriation has on the...more

Orrick - Global Employment Law Group

BREAKING: President Obama Signs Defend Trade Secrets Act Into Law

On May 10, 2016, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that...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

Alston & Bird

What the Defend Trade Secrets Act Means for You

by 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

Locke Lord LLP

Federal Trade Secrets Act Signed Into Law

by Locke Lord LLP on

Today President Obama signed the Defend Trade Secrets Act of 2016 into law, changing the jurisdictional landscape for trade secrets litigation and creating new remedies for companies aggrieved by the theft or misappropriation...more

Buchanan Ingersoll & Rooney PC

Defend Trade Secrets Act of 2016 Impacts Employers

On May 11, 2016, the President signed the Defend Trade Secrets Act (DTSA), amending the existing Economic Espionage Act and impacting employers across the United States. Almost all employers have information that they...more

Shipman & Goodwin LLP

Congress Passes Federal Trade Secrets Act

by Shipman & Goodwin LLP on

With the long-awaited passage of the Defend Trade Secrets Act of 2016 (“DTSA”), which amends the Economic Espionage Act, and expected imminent signing by President Obama, federal law will now provide a civil cause of action...more

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