U.S. Senate Passes Bill Creating A Civil Cause of Action in Federal Court for Trade Secret Misappropriation

7 04 2016

The U.S. Senate passed on a unanimous 87-0 vote the Defend Trade Secrets Act of 2016 late Monday.

The bill will create a civil cause of action in federal court for trade secret misappropriation and provide remedies that are not available in state court trade secret actions.

Like patents, trademarks, and copyrights, trade secret owners may seek redress for intellectual property theft based on a federal statutory right in federal court should the bill become law. Additionally, the bill provides for the availability of orders that will allow trade secret owners to have law enforcement seize stolen trade secrets without notice to the misappropriator upon a sufficient showing to the federal court.

Senate bill, have indicated that the bill will harmonize federal law and give businesses more consistent legal protections when their trade secrets are stolen.

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The content in this post was found at http://www.tradesecretslaw.com/2016/04/articles/trade-secrets/new-year-new-progress-2016-update-on-defend-trade-secrets-act-eu-directive/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TradingSecrets+%28Trading+Secrets%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



“Reasonable Suspicion” of Trade Secret Misappropriation Isn’t Always Enough

4 12 2015

Trade Secrets Law

November 6, 2015

Lauren M. Gregory

Though an employer may be eager to bring a trade secret claim against former employees as soon as possible, filing suit before properly vetting the claim can lead to serious consequences: a malicious prosecution case against the lawyers who signed the pleadings.

A law firm is fighting such allegations in California after losing at bench trial on behalf of FLIR Systems, Inc. and Indigo Systems Corporation (collectively, “FLIR”), who brought suit against a group of former employees attempting to launch a competing business. Though the California Court of Appeal for the Second District affirmed a lower court’s ruling that the employee’s malicious prosecution suit could not proceed, Parrish v. Latham & Watkins, 238 Cal.App.4th 81 (2015), the California Supreme Court recently announced it will reconsider that decision.

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The content in this post was found at http://www.tradesecretslaw.com/2015/11/articles/trade-secrets/reasonable-suspicion-of-trade-secret-misappropriation-isnt-always-enough/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TradingSecrets+%28Trading+Secrets%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Eric Barton on What Employers Should Know About Where Social Media Password Laws and Trade Secrets Intersect

4 12 2015

Seyfarth Shaw

Eric Barton

Social media is everywhere nowadays. The line between professional and personal with these accounts is growing more and more blurred. As such, lines designed to protect employee privacy are intersecting with trade secret protection in conflicting ways.

Joining LXBN TV to explain is Seyfarth Shaw attorney Eric Barton—author on the firm’s blog, Trading Secrets.

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The content in this post was found at http://www.tradesecretslaw.com/2015/11/articles/trade-secrets/eric-barton-on-what-employers-should-know-about-where-social-media-password-laws-and-trade-secrets-intersect/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TradingSecrets+%28Trading+Secrets%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Proposed US and EU Trade Secrets Laws Progress but Unlikely to be Enacted This Year

2 12 2015

Trade Secrets Law

October 30, 2015

Daniel P. Hart

There’s no doubt that protection of trade secrets is a major concern for most businesses operating in today’s global economy. As we have previously discussed, a few years ago CREATe.org and PwC US released a report that highlighted how far-reaching and deeply challenging trade secret theft is for companies operating on a global scale. Notably, in their report, CREATe.org and PwC estimated that trade secrets theft costs anywhere between 1-3% of the GDP of the United States and other industrial economies.

To address the threat to the trade secrets of US businesses, earlier this year Senators Orrin Hatch (R-UT) and Christopher Coons (D-DE) introduced the “Defend Trade Secrets Act of 2015” (S. 1890) in the United States Senate, while Rep. Doug Collins (R-GA) introduced an identical version of the same bill (H.R. 3326) in the United States House of Representatives. As we discussed here, if enacted, the Defend Trade Secrets Act would provide a civil cause of action in federal court to private litigants for “misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce.” In addition, the bill seeks to (1) create a uniform standard for trade secret misappropriation by expanding the Economic Espionage Act; (2) provide parties pathways to injunctive relief and monetary damages to preserve evidence, prevent disclosure, and account for economic harm to companies; and (3) create remedies for trade secret misappropriation similar to those in place for other forms of intellectual property.

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The content in this post was found at http://www.tradesecretslaw.com/2015/10/articles/trade-secrets/proposed-us-and-eu-trade-secrets-laws-progress-but-unlikely-to-be-enacted-this-year/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TradingSecrets+%28Trading+Secrets%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Poor Employer Onboarding and Departure Procedures Can Lead to Horrifying Results Including the Loss of Trade Secrets

2 12 2015

Trade Secrets

October 30,2015

Robert B. Milligan and Daniel Joshua Salinas
This upcoming Halloween reminds us that employers face their own terrors in trying to protect trade secrets and other valuable company information in the workplace, particularly if they have poor onboarding and departure protocols with their employees.

The following video illustrates some of the bad practices committed by both company personnel and employees that can “trick” companies into losing trade secrets or other confidential information or expose them to other liability.

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The content in this post was found at http://www.tradesecretslaw.com/2015/10/articles/trade-secrets/poor-employer-onboarding-and-departure-procedures-can-lead-to-horrifying-results-including-the-loss-of-trade-secrets/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TradingSecrets+%28Trading+Secrets%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.