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Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective....more
On June 20, 2023, the New York State Assembly passed a bill (A1278B) to make non-compete agreements unlawful. The New York State Senate previously passed the bill’s counterpart (S3100A)....more
The bipartisan Protecting American Intellectual Property Act was passed by the U.S. Senate and House of Representatives and sent on to President Biden for signature. Although the bill proclaims to protect intellectual...more
The Illinois General Assembly has enacted sweeping changes to the Illinois Freedom to Work Act, 820 ILCS § 90, et seq. (the “Act”), which will limit the use of covenants not to compete (“non-competes”) and covenants not to...more
On February 21, 2019, the New Hampshire Senate, in a bipartisan voice vote and without debate, passed Senate Bill 197, which would prohibit employers from requiring low-wage workers to enter into non-compete agreements, and...more
In this final installment of our three-part series, we highlight restrictive covenant reform legislation that is currently pending before the state legislatures. The following states have proposed restrictive covenant...more
The historic reform of the Toxic Substances Control Act overhauls the United States’ primary chemical safety law for the first time in 40 years. Following months of closed-door negotiations, the US House of...more
President Obama is poised to sign the Defend Trade Secrets Act 2016 (“DTSA” or the “Act”), legislation that would fundamentally overhaul the decades-long tradition of state control of trade secrets lawsuits. DTSA, which...more
The Defend Trade Secrets Act (the “DTSA”), the first of its kind at the federal level, has been passed in both the Senate and the House of Representatives. Now, the DTSA merely awaits President Obama’s expected signature to...more
Congressional efforts to create a federal remedy to protect company trade secrets have been underway for several years. Last week, S. 1890 – Defend Trade Secrets Act of 2016, which would amend the Economic Espionage Act of...more
President Obama is expected to sign the Defend Trade Secrets Act of 2016 (DTSA), which was passed by Congress at the end of April 2016. This law could impact your property protection, litigation and employment law strategies....more
With its passage by the House of Representatives, the Defend Trade Secrets Act ("DTSA" or "Act") has now cleared both houses of Congress and will be sent to President Obama for his approval. Where trade secrets were once...more
The Defend Trade Secrets Act (DTSA) is now one signature away from becoming law. On April 4, 2016, the Senate unanimously passed the DTSA and, last week, on April 27, the House of Representatives followed suit, passing the...more
The Defend Trade Secrets Act (DTSA) allows companies for the first time to file civil lawsuits for trade secrets theft under federal law if the trade secret is “related to a product or service used in, or intended for use in,...more
The Defend Trade Secrets Act of 2016 (“DTSA”) was unanimously passed by the Senate on April 4, 2016, and then by the House Judiciary Committee on April 20, 2016. The House voted to pass the DTSA on Wednesday, April 27, 2016,...more
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
On April 27, 2016, the United States House of Representatives voted 410-2 in favor of the Defend Trade Secrets Act of 2016 (DTSA), after it was unanimously passed by the Senate earlier in the month. President Obama is...more
With a near unanimous (410-2) vote on April 27, 2016, the House passed the “Defend Trade Secrets Act” (“DTSA”). Having already been passed by the Senate (87-0), the legislation advances to President Obama, who has signaled...more
The U.S. House of Representatives recently passed legislation that would protect businesses from the growing threat of trade secrets theft. Under the new legislation, businesses will have a new and powerful option to bring...more
On April 27, 2016, the U.S. House of Representatives overwhelmingly passed the Defend Trade Secrets Act (DTSA), sending it to the White House for President Obama’s promised signature. When it is signed into law, the...more
Last week in a rare bipartisan move, the House of Representatives passed the Defend Trade Secrets Act of 2016 (DTSA). The Senate approved the bill earlier in April, and President Obama says that he will sign the legislation,...more
Q: What is the Defend Trade Secrets Act? The Defend Trade Secrets Act of 2016 (DTSA) is a new federal law that, once signed by President Obama, will amend the Economic Espionage Act of 1996 and provide a private civil...more
On April 28 Congress passed the Defend Trade Secrets Act (“DTSA”), which creates a federal private right of action for trade secret misappropriation. Enactment into law is virtually certain, as President Obama, a long-time...more
On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that...more
Last week, a major federal law aimed at protecting businesses’ trade secrets overwhelmingly passed the U.S. House of Representatives and appears nearly certain to be signed into law by President Obama. The Defend Trade...more