News & Analysis as of

Notice Requirements Intellectual Property Protection Trade Secrets

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

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Troutman Pepper

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

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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

Foley & Lardner LLP

Invention Assignment Agreements – How to Avoid Pitfalls

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Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves. Employee invention assignment agreements are one crucial tool for...more

Dentons

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

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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

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

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

Burr & Forman

Burr Alert: What The New Federal Trade Secrets Law Means For Employees

Burr & Forman on

The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant. ...more

Goulston & Storrs PC

The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know

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On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more

Parker Poe Adams & Bernstein LLP

New Defend Trade Secrets Act Requires Employers to Include Disclaimers in All Confidential Information Agreements

On May 16, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The new law takes immediate effect and will provide important new federal protections against unauthorized disclosure of...more

Obermayer Rebmann Maxwell & Hippel LLP

Obama Signs Law Giving Trade Secrets Federal Protection

A company’s confidential trade secrets are their most coveted assets and give a company a competitive edge over its competitors. Such trade secrets may include product specifications and formulas, recipes, computer...more

Foley & Lardner LLP

Pssst, The Secret Is Knowing What You Can’t Do With The Defend Trade Secrets Act

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The Defend Trade Secrets Act (“DTSA”) became law with President Obama’s signature on May 11, 2016. The DTSA is an amendment to the Economic Espionage Act of 1996 and, for the first time, affords a federal private right of...more

Smith Anderson

Defend Trade Secrets Act Creates New Federal Claim For Misappropriation of Trade Secrets

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On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...more

Eversheds Sutherland (US) LLP

Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act

The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take...more

Brooks Pierce

How the New Trade Secrets Law May Affect You

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A week ago, on May 11, 2016, the President signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have been taken. What has been less heralded,...more

WilmerHale

Congress Creates Federal Right of Action for Trade Secret Misappropriation

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On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), which enables companies to go to federal court to sue for misappropriation of trade secrets. The new federal right of action for owners...more

Genova Burns LLC

Federal Trade Secrets Act Now Law: What Companies Should Know

Genova Burns LLC on

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”). The measure had previously been passed by the U.S. House of Representatives 410-2 on April 27, 2016, quickly following the U.S. Senate’s...more

McCarter & English, LLP

Employers Gain New Federal Trade Secret Protections, Must Notify Employees to Obtain Certain Remedies

Until now, employers seeking relief for trade secret misappropriation were limited almost exclusively to state law remedies. With the enactment of the Defend Trade Secrets Act (“DTSA”) on May 11, 2016, employers now have...more

Greenberg Glusker LLP

Newly Enacted "Defend Trade Secrets Act" Requires Notice Provision to Be Added to Future Confidentiality Agreements to Preserve...

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As you may have heard, on May 11, 2016, President Obama signed into law the new federal Defend Trade Secrets Act (DTSA). This is a significant and comprehensive law that now allows holders of trade secrets to pursue civil...more

Mintz

Trade Secrets Going Federal: President Obama Signs into Law Landmark Defend Trade Secrets Act Requiring Immediate Action by All...

Mintz on

On Wednesday, President Obama signed into law the groundbreaking Defend Trade Secrets Act (DTSA), which for the first time creates a federal civil remedy for trade secret misappropriation and provides uniformity (and...more

Lathrop GPM

POTUS Signs The Defend Trade Secrets Act

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On May 11, President Barack Obama signed the Defend Trade Secrets Act (the "Act") into Law. The Act, which passed overwhelmingly in Congress last week in a 410-2 vote, is an effort to create a private, federal right of action...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Defend Trade Secrets Act Is Now Law

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

Fish & Richardson

President Signs Defend Trade Secrets Act: Five Must-Know Takeaways for Your Business

Fish & Richardson on

On May 11, 2016, President Obama signed the long-awaited Defend Trade Secrets Act (“DTSA”) into law, which was passed by Congress on April 27, 2016. An extension of the Economic Espionage Act of 1996, the DTSA provides for a...more

Benesch

Protecting Trade Secrets: A New Arrow in the Quiver

Benesch on

A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade...more

Foley & Lardner LLP

Protecting Trade Secrets Now Front, Center and National

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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

Womble Bond Dickinson

"Defend Trade Secrets Act" - How Will This New Law Affect Your Business?

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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

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