Category Archives: Trade Secrets

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How ‘The Defend Trade Secrets Act’ Affects Your Employment Agreements

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is immediately effective, and applies to misappropriation that occurs after its enactment. The DTSA is the most significant expansion of intellectual property law since the Lanham Act was passed in the 1940s. The DTSA largely tracks the Uniform … Continue Reading

Greenberg Traurig Publishes a 50-State and DC Survey with the ACC on Covenants Not to Compete

Greenberg Traurig recently published an InfoPAKSM on covenants not to compete through the Association of Corporate Counsel (ACC). Covenants not to compete are important for employers to consider in order to protect proprietary information such as trade secrets, intellectual property, and highly confidential information. However, these post-employment restrictions vary state by state.  These differences should be considered … Continue Reading

GT Alert — Massachusetts Courts Tie the Very Existence of ‘Trade Secrets’ to Your Business Practice

The GT Alert — Massachusetts Courts Tie the Very Existence of ‘Trade Secrets’ to Your Business Practices was prepared by David G. Thomas, James P. Ponsetto and Kurt A. Kappes. Companies must take “reasonable measures” to protect trade secret information in the event the company needs to protect it through the Massachusetts Court System. Failing … Continue Reading

Recent California Case Highlights Standards for Trade Secret Misappropriation Cases

The U.S. District Court for the Northern District of California recently denied a plaintiff's motion for summary judgment that a former employee had misappropriated trade secrets when he left to work for a competitor, and granted the defendant's crossmotion for summary judgment. The case provides a useful overview of the evidence needed to support a violation of the California Uniform Trade Secrets Act (CUTSA).… Continue Reading

Are Restrictive Covenants Enforceable in California? It Depends.

In California, it is well established that non-compete provisions are unenforceable, subject to certain statutory exceptions. But what about non-compete provisions that are ambiguous as to their protection of confidential information or trade secrets? Recently, when faced with such a provision, one California federal court narrowly construed the provision to find it enforceable.… Continue Reading

What Can We Learn From the Cluster of Recent Trade Secret Theft Cases?

To borrow from a classic song: There’s something happening here. What it is ain’t exactly clear.” Last Thursday, a federal district judge sentenced a former DuPont employee to 18 months in jail, following a guilty plea of stealing trade secrets relating to DuPont’s Kevlar products. A few weeks earlier, the U.S. Attorney for New York’s Southern District … Continue Reading