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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: new legislation

Robert Milligan Explaining the Defend Trade Secrets Act of 2014

Posted in Legislation, Trade Secrets

As we discussed on the blog not too long ago, a significant new bill was recently introduced in Congress seeking to add a federal civil cause of action for trade secret theft.  In a bipartisan effort, Senators Christopher Coons (D-Del) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the bill in late April 2014. On May … Continue Reading

Scott Schaefers Discussing Employee Social Media Privacy – How Employers Can Strike the Necessary Balance

Posted in Legislation, Privacy, Social Media, Trade Secrets

On April 16th, Scott Schaefers spoke with LexBlog’s Colin O’Keefe in a live online interview about what employers need to know about the social networking privacy legislation passed by thirteen states in the last two years.  Scott discussed Seyfarth’s soon-to-be-published survey of that legislation, as well as some ideas of what employers can do to protect its proprietary assets.  Those … Continue Reading

United States Announces Multifaceted Plan To Combat Trade Secret Theft At Home And Abroad

Posted in Data Theft, Espionage, Legislation, Trade Secrets

By Jessica Mendelson and Robert Milligan

On Wednesday February 20, 2013, the White House released a five-point plan (“the Plan”) intended to combat trade secret theft of American trade secrets. 

The plan is a collaboration between various federal agencies, including the Departments of Commerce, Defense, Homeland Security, Justice, State, Treasury, the Office of the Director of National Intelligence and the … Continue Reading

Is Massachusetts Next to Adopt the Uniform Trade Secrets Act?

Posted in Legislation, Trade Secrets

Will Massachusetts join 46 states, District of Columbia, Puerto Rico, and the U.S. Virgin Islands in adopting the Uniform Trade Secrets Act (the “UTSA”)? 

In January 2013, the Massachusetts Legislature proposed House Bill No. 27: An Act Making Uniform the Law Regarding Trade Secrets.  The bill seeks to repeal Sections 42 and 42A of chapter 93 of the Massachusetts … Continue Reading

Big Brother Can’t Ask For Access To Your “Personal” Social Media Accounts Either….More Social Media Legislation Proposed In California

Posted in Data Theft, Legislation, Trade Secrets

By Robert Milligan and Jessica Mendelson

Recently, we blogged about the passage of California Assembly Bill 1844 (“AB 1844”), which regulates employers’ ability to demand access to employees’ or prospective hires’ personal social media accounts. Assembly Bill 1844 was codified as section 980 of the California Labor Code. Recently, California State Assemblywoman Nora Campos has proposed an additional bill, AB Continue Reading

Illinois Becomes Second State In Nation To Bar Employers From Obtaining Access To Employee Social Networking Pages

Posted in Computer Fraud, Legislation, Practice & Procedure, Trade Secrets

By Ronald Kramer

On August 1, 2012, Illinois became the second state in the nation to adopt a law prohibiting employers from seeking employee or prospective employee passwords to access their non-public portions of their social networking sites.

The Illinois’ law, an amendment to the Right to Privacy in the Workplace Act that will become effective January 1, 2013, makes … Continue Reading

New Federal Trade Secrets Legislation Proposed

Posted in Espionage, Practice & Procedure, Trade Secrets

By Jessica Mendelson and Robert Milligan

On July 17, 2012, Democratic senators Herb Kohl (Wisconsin), Sheldon Whitehouse (Rhode Island), and Chris Coons (Delaware) introduced legislation which they believe will aid American companies in effectively combating the theft of trade secrets. The proposed legislation, known as the Protecting American Trade Secrets and Innovation Act of 2012(“PATSIA”), will allow American companies … Continue Reading

At Long Last, New Jersey Passes Trade Secrets Act

Posted in Trade Secrets

Legislation intended to help protect the trade secrets of New Jersey businesses has been signed into law by Gov. Christie. The New Jersey Trade Secrets Act (S-2456/A-921) establishes by law specific remedies available to businesses in the event that a trade secret – such as a formula, design, a prototype or invention – is misappropriated. New Jersey was one of … Continue Reading

At Long Last, New Jersey Is Poised To Pass The “New Jersey Trade Secrets Act”

Posted in Trade Secrets

By David Monachino

New Jersey is one of the four remaining states that have not adopted some or all of the provisions of the Uniform Trade Secrets Act (Massachusetts, New York and Texas are the others), but instead NJ courts have relied wide range of common law decisions in order to establish a trade secret misappropriation claim. On September 26, … Continue Reading

Georgia Court Blue Pencils / Rewrites Overbroad Restrictive Covenant

Posted in Non-Compete Enforceability

By Bob Stevensand Daniel Hart

As we have discussed on this blog before, on May 11, 2011, Georgia reissued its new Restrictive Covenant Act (the “New Act”). The New Act reflected a fundamental change in Georgia’s law regarding restrictive covenants because it permitted Georgia courts to “blue pencil” (i.e., partially enforce) restrictive covenants that otherwise would be overbroad and, … Continue Reading

Massachusetts Legislature Considers Revised Non-Compete Bill

Posted in Trade Secrets

On January 20, 2011, Massachusetts State Representatives Lori Ehrlich, William Brownsberger, and Alice Hanlong Peisch re-filed the Massachusetts non-compete bill, aptly entitled “An Act Relative to Noncompetition Agreements.”  The bill was originally submitted in late 2009 as House No. 1799, and since that time has undergone significant review, comment, and revision.  While much of the bill remains the same, its … Continue Reading