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Continued misappropriation claims that originate prior to enactment are not permitted under the UTSA but the DTSA is silent on the issue. Nevertheless, a growing body of case law is holding that such continued misappropriation claims are viable under the DTSA pointing out a key difference litigators need to be aware of in the statutes that otherwise share many similarities.

The Defend Trade Secrets Act (“DTSA”) allow employers to provide their workforce with notice of the DTSA whistleblower immunities by “cross-referencing a policy document” but the statute gives no guidance on what the “policy document” is to say, how it should be “cross-referenced,” or if the “policy document” should be provided to employees? This post endeavors to provide answers to these questions.

On Feb. 24, 2017, at the University of Denver, come join Fisher Phillips attorneys and a prominent of practitioners and state and federal judges at the first ever conference on the new Defend Trade Secrets Acts (DTSA), which became effective in mid-2016.

When the Defend Trade Secret Act (“DTSA”) was enacted much was written about its unique remedy provision – the ex parte seizure of property. There were numerous questions about how federal courts would interpret and apply the provision. A federal court in California recently gave the first answer.

A recent medical device case shows that an employer could lose the benefit of a forum-selection clause by failing to sue its former employee along with the new employer at the outset of the case. Unfortunately, in this case, the decision not to do so had dire consequences for the employer.

A recent case from the Colorado Supreme Court underscores the importance of covering all bases in proving that information actually constitutes trade secrets or other confidential information. Litigants who fail to do so risk broad disclosure of their protectable information.

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could outsmart her.

An eternal debate in trade secrets cases is how much exposure the defendant's business personnel can get to the information that their company has allegedly misappropriated.  This fight proved to be the first instance in which the Texas Supreme Court opined on that state's new trade secrets statute.

On April 27, 2016, Congress passed federal trade secrets legislation known as the "Defend Trade Secrets Act" ("DTSA"). On May 11, 2016, President Obama signed DTSA into law. The enactment of DTSA creates, among other things, a federal civil remedy for the misappropriation of trade secret business information. However, DTSA will not preempt or otherwise override state laws concerning trade secrets, such as the Uniform Trade Secrets Act ("UTSA"), which many states have adopted. Further, the rights to recovery under DTSA and UTSA are very similar. For example, both statutes provide a right to recover exemplary damages equal to twice the amount of actual damages awarded and attorney's fees

With President Obama's signature on the Defend Trade Secrets Act, the doctrine of inevitable disclosure took a timid step toward an early death, at least with respect to federal trade secret law. After years of judicial disagreement about the propriety of the doctrine, it is worth examining how DTSA's supposed rejection of the doctrine could affect trade secret litigation.

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