Although California does not have a specific biometric privacy law like Illinois’s 2008 Biometric Information Privacy Act (BIPA) or its recently enacted 2019 Artificial Intelligence Video Interview Act (AIVIA), stay tuned for...more
Legislatures across the country are racing to keep up with the ever-expanding uses of artificial intelligence (AI) in the workplace. While to date much of the focus has been on ethical uses of AI, disclosures requirements,...more
When employees leave a company—whether it is due to a voluntary or involuntary separation—their former employers may worry about the security of the company’s confidential information and trade secrets. This article answers...more
On January 6, 2016, the U.S. District Court for the Northern District of California issued one of its first decisions interpreting the ex parte seizure provisions found in the recently enacted Defend Trade Secrets Act of 2016...more
On January 1, 2017, California Labor Code Section 925 went into effect. This new provision limits an employer’s ability to require employees to enter agreements that include out-of-state choice of law and/or forum selection...more
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
6/22/2016
/ Asset Seizure ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Inevitable Disclosure Doctrine ,
Intellectual Property Protection ,
Misappropriation ,
Notice Requirements ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Whistleblower Protection Policies
On May 11, 2016, President Barack Obama signed into law the long-awaited Defend Trade Secrets Act of 2016 (DTSA), which is effective immediately. Three key features of the DTSA include: (1) the creation of a federal private...more
5/13/2016
/ Asset Seizure ,
Barack Obama ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Notice Requirements ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
Congress has finally passed the anticipated Defend Trade Secrets Act of 2016 (DTSA). The bill, which is now on its way to the White House and is expected to be signed by President Obama, will be effective immediately once it...more
4/28/2016
/ Asset Seizure ,
Bring Your Own Device (BYOD) ,
Confidential Information ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Exit Interviews ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Pending Legislation ,
Private Right of Action ,
Remedies ,
Trade Secrets ,
Whistleblower Protection Policies
On January 19, 2016, a California Court of Appeal issued an unpublished decision in Hunter v. CBS Broadcasting, Inc. The case was brought by Kyle Hunter, who filed an employment discrimination complaint, claiming that two...more
Angelica Textile Services, Inc. v. Park, No. D062405 (October 15, 2013): A California Court of Appeal recently held that claims of breach of contract, breach of fiduciary duty, and unfair competition are not “displaced” or...more