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Whistleblower Protection Policies Trade Secrets Intellectual Property Protection

Hicks Johnson

How to Develop a Successful Trade Secret Litigation Strategy: 7 Best Practices for In-House Counsel

Hicks Johnson on

In today’s competitive business environment, trade secrets have emerged as some of an organization’s most prized assets. They are the hidden formulas, proprietary processes, and specialized know-how that give companies their...more

WilmerHale

2024 Trade Secret Update: A Look at Recent Trade Secret Developments & Trends

WilmerHale on

On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for...more

Troutman Pepper Locke

Seven Steps to Address Trade Secret Misappropriation by Whistleblowers

Troutman Pepper Locke on

“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more

BCLP

Want to Protect Your Trade Secrets? Update Your Employment Agreements!

BCLP on

Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets.  In addition to injunctive...more

Troutman Pepper Locke

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

Troutman Pepper Locke on

Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

Seyfarth Shaw LLP

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law in 2018/2019

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Continuing our annual tradition, we have compiled our top developments and headlines for 2018-2019 in trade secret, non-compete, and computer fraud law....more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

Seyfarth Shaw LLP on

A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

Foley & Lardner LLP

Defend Trade Secrets Act Immunization for Whistleblowers: More Effective Than the Average Flu Shot?

Foley & Lardner LLP on

A unique feature of the Defend Trade Secrets Act (DTSA)—the federal statute opening federal courthouse doors to civil claims for trade secret misappropriation—is that it gives immunity from civil or criminal liability to...more

Seyfarth Shaw LLP

Defend Trade Secrets Act First: Claim Tossed Based On Whistleblower Immunity

Seyfarth Shaw LLP on

In what appears to be a first under the Defend Trade Secrets Act (“DTSA”), a United States District Judge has thrown out claims against an alleged trade secret thief on the basis of the DTSA’s immunity for confidential...more

Mintz - Intellectual Property Viewpoints

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

Seyfarth Shaw LLP

Top Developments And Headlines In Trade Secret, Computer Fraud, And Non-Compete Law In 2017 And What We Expect In 2018

Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more

Parker Poe Adams & Bernstein LLP

Trade Secrets: What In-House Counsel Need to Know

As former U.S. Attorney General Eric Holder observed, there are only two types of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations?

On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation – celebrated its first birthday. The law was the result of years of negotiation between...more

Butler Snow LLP

The Defend Trade Secrets Act and Whistleblowers: Protections and Vulnerabilities

Butler Snow LLP on

President Obama signed into law the Defend Trade Secrets Act (“DTSA”) during his last year in office. Most notably, the DTSA creates a private federal civil cause of action for misappropriation of trade secrets. If that...more

Robinson+Cole Data Privacy + Security Insider

The Defend Trade Secrets Act of 2016: A Year Later By The Numbers

It has been almost a year since the Defend Trade Secrets Act of 2016 (DTSA) took effect. Since Forbes Magazine called the DTSA the “Biggest IP Development in Years,” we thought it might be helpful to take a look at how often...more

Orrick - Trade Secrets Group

DTSA Immunity: A plaintiff’s dream or a burdensome nightmare?

If you are a regular reader of TSW, you know we have been monitoring developments relating to the Defend Trade Secrets Act of 2016 (DTSA). While the Northern District of California was the first court to enter a written...more

Perkins Coie

Recent Whistleblower Protection Actions by SEC and Congress Add Risk to Severance Agreements

Perkins Coie on

Two recent SEC enforcement actions that describe how severance agreements may violate whistleblower protections under the federal securities laws if not properly drafted were the subject of a recent article by Perkins Coie...more

Porter Hedges LLP

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Porter Hedges LLP on

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

Baker Donelson

Defend Trade Secrets Act – What Employers Need to Know

Baker Donelson on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA” or the “Act”) into law. Prior to enactment of the DTSA, the law governing trade secrets was left to the states, most of which have...more

Dentons

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

Dentons on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...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

Cozen O'Connor

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

Cozen O'Connor on

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

Cole Schotz

The Defend Trade Secrets Act of 2016

Cole Schotz on

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which has been widely hailed as the “most significant expansion” of federal intellectual property law since the passage of the...more

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