With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more
4/29/2024
/ Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Former Employee ,
FTC Act ,
Misappropriation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Proprietary Information ,
Restrictive Covenants ,
Trade Secrets
In trade secret litigation, particularly among government contractors, defenses are sometimes asserted based on whether the plaintiff actually owns or retains a sufficient interest in the trade secret at issue. This can...more
An often sought remedy in trade secret cases is unjust enrichment, which DTSA and several uniform state trade secret acts permit plaintiffs to seek for the unlawful benefit received by defendants "that is not addressed in...more
7/19/2019
/ Arbitration ,
Breach of Duty ,
China ,
Confidential Information ,
Corporate Counsel ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Disgorgement ,
Fiduciary Duty ,
Former Employee ,
Misappropriation ,
Trade Secrets ,
Unjust Enrichment
In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more
10/1/2018
/ Confidentiality Agreements ,
Data Protection ,
Data Rights ,
Defend Trade Secrets Act (DTSA) ,
Disclosure ,
Employment Policies ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Software Developers ,
Trade Secrets ,
Whistleblowers
Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action (including, where applicable, a state version of the...more