News & Analysis as of

Employer Liability Issues Trade Secrets Defend Trade Secrets Act (DTSA)

Mintz - Intellectual Property Viewpoints

He Got the MrBeast Blueprint… and a Trade Secret Lawsuit

Imagine getting your hands on the ultimate creator cheat code — the behind-the-scenes playbook MrBeast uses to dominate YouTube. Now imagine going viral not for using it, but for allegedly walking off with it. That’s exactly...more

Seyfarth Shaw LLP

No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.

Seyfarth Shaw LLP on

In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of...more

Sheppard Mullin Richter & Hampton LLP

The Rise of Trade Secret Litigation

Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade...more

Sullivan & Worcester

Companies Turn to Trade Secret, Patent, Copyright to Mitigate Risks from FTC Non-Compete Ban

Sullivan & Worcester on

On April 23, 2024, the Federal Trade Commission narrowly approved a rule banning most non-competition agreements. The rule, set to go into effect on September 4, 2024, prohibits employers from including non-compete provisions...more

Proskauer - Trade Secrets

More Information Needed: Former Employee Dodges Trade Secrets Suit Brought by Interior Design Company

On May 1, 2024, in Design Gaps, Inc. v. Hall, 23CV040664-590, North Carolina’s business court dismissed an interior design company’s trade secret claim for failure to sufficiently plead the existence of trade secrets. The...more

Proskauer - Minding Your Business

Trade Secret Wars Continue With Tech Companies Battling For Talent

In an era where trade secret misappropriation battles can shape corporate landscapes, the Apple v. Rivos case stands as a stark reminder of the importance of diligent onboarding practices when it comes to trade secrets. In...more

Fenwick & West LLP

Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court

Fenwick & West LLP on

Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. The Lex Machina 2020 Trade Secret...more

Seyfarth Shaw LLP

Love in the Time of Coronavirus: Protecting Trade Secrets During a Pandemic

Seyfarth Shaw LLP on

Fear of the coronavirus is causing many employers to permit—or in some cases mandate—employees to work remotely. While this measure is designed to minimize the risk of virus transmission, it presents an altogether different...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Trade Secrets

Womble Bond Dickinson on

When many people think of trade secrets, they envision something mysterious and legendary—such as the original Coca-Cola formula locked in an Atlanta vault, or Col. Sanders’ recipe for fried chicken. But many companies have...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Fisher Phillips

Senators Introduce Bill for Nationwide Non-Compete Ban

Fisher Phillips on

U.S. Senators Elizabeth Warren (D. Mass.), Ronald Wyden (D. Ore.) and Christopher Murphy (D. Conn.) recently introduced Senate Bill 2782 which, if enacted, would for all practical purposes amount to a nationwide ban on...more

Littler

"Purloined Letters": Management Options When a Departing Employee Puts a Business Entity at Risk by Collecting Confidential...

Littler on

The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more

Fisher Phillips

An Ounce Of Prevention Is Worth A Pound Of Cure When It Comes To Protecting Your Trade Secrets

Fisher Phillips on

Anyone working in the healthcare industry knows the saying: “an ounce of prevention is worth a pound of cure.” It’s one of the most common adages used when discussing the benefits of a healthy lifestyle or the importance of...more

Pierce Atwood LLP

The Defend Trade Secrets Act: Five Key Lessons

Pierce Atwood LLP on

Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. ...more

NAVEX

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

NAVEX on

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

Troutman Pepper Locke

May 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more

Winthrop & Weinstine, P.A.

Employer Action Required to Ensure Continued Protection Under the New Federal Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act ("DTSA") into law, which provides a federal cause of action for an employer to enforce their trade secrets. The DTSA takes effect immediately. Employers...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Defend Trade Secrets Act of 2016 - Client Advisory

This week, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. Widely described as the most significant expansion of federal intellectual property law in years, the DTSA creates a new federal cause of...more

Bracewell LLP

It's No Secret: Employment & Federal Considerations in New Trade Secrets Law

Bracewell LLP on

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The result of rare bipartisan support, the DTSA was passed unanimously by the Senate and by a 410-2 vote by the House last month. It...more

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