Posts Tagged: Defend Trade Secrets Act


Ex Parte Seizures Five Years After the Enactment of the Defend Trade Secrets Act

Almost five years has passed since the enactment of the Defend Trade Secrets Act (DTSA) on May 11, 2016, which provides for civil relief for the theft of trade …
By Peter J. Toren
4 months ago 0

Take Heed: Lessons from the Top Trade Secret Cases of 2020

One of the uniquely fascinating aspects of trade secret disputes is that they are laced with unbridled emotions, accusations of treachery, and actors who angrily disagree over …
By James Pooley
7 months ago 4

Defending Trade Secrets with Protective Orders

Plaintiffs in trade secret cases are often faced with the difficulty of protecting their trade secrets, especially during trial, when different rules apply than during the pre-trial …
By Peter J. Toren
9 months ago 1

Gathering Business Data? Be Careful, Mom is Watching – A Comment on Data Scraping and the Compulife Case

When people say that “data is the new oil,” they’re talking about new ways of creating wealth. No matter what business you’re in, success today …
By James Pooley
10 months ago 6

Trade Secrets Lessons from Epic Systems v. Tata Consultancy Services

On August 20, the Seventh Circuit in Epic Systems Corp. v. Tata Consultancy Services Ltd & Tata America Interntional Corp d/b/a/ TCS America No. 1950 (7th Cir. Aug. 20, 2020) …
By Peter J. Toren
11 months ago 0

A Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)

Much has already been written in a relatively short period of time since the Eleventh Circuit decided Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. …
By Peter J. Toren
1 year ago 1

Trade Secret Litigation Reports: Four Years After the Enactment of the Defend Trade Secrets Act

On May 11, 2016, President Obama signed into the law the Defend Trade Secrets Act (DTSA) which extended the Economic Espionage Act of 1996 (EEA), which provides a broad basis …
By Peter J. Toren
1 year ago 2

The Fragile Nature of Trade Secrets: Clues from the Courts on How to Keep Them

Trade secrets have become an increasingly valuable asset to many companies, but compared to other types of intellectual property, including patents, copyrights and trademarks, they are extremely “…
By Peter J. Toren
1 year ago 1

Review of Key 2019 Trade Secret Decisions and Trends (Part II)

Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that …
By Peter J. Toren
1 year ago 0

Seven Steps to Address Trade Secret Misappropriation by Whistleblowers

The primary purpose of the Defend Trade Secrets Act (DTSA) is to provide federal remedies to individuals and companies that have had their trade secrets misappropriated. That …

Trade Secrets Review: Key 2019 Decisions and Trends (Part I)

In general, a trade secret is any information used in business if the owner has taken reasonable measures to keep such information secret, and the information derives …
By Peter J. Toren
2 years ago 3

Understanding Insurance Coverage for Intellectual Property Claims

Recent multi million-dollar jury verdicts on trade secret misappropriation claims reflect that there can be significant risk to companies when employees leave or joint development relationships dissolve. …

Take Steps to Deter the Spy in Your Business

Tesla recently filed two lawsuits for theft of trade secrets. In March, the auto maker sued several former employees and the two companies they joined, Zoox and …
By William Honaker
2 years ago 0

Some Progress in the International Effort to Harmonize Trade Secret Protection

In 1994, the United States was winding up the Uruguay Round of trade negotiations leading to the establishment of the World Trade Organization (WTO). Tucked in among the …
By James Pooley
2 years ago 5

Why it May Be Time to Provide Criminal Remedies for Patent Infringement

Under normal circumstances, infringement and misappropriation of the intellectual property (IP) rights of others are subject to civil liability under U.S. federal (and some states’) law; …
By Brooke Blackman
2 years ago 27