On May 2, 2013, Texas Governor Rick Perry signed into law the Texas Uniform Trade Secrets Act. The new law adopts a version of the Uniform Trade Secrets Act. The law will take effect on September 1, 2013 and will apply to a misappropriation of trade secrets that takes place on or after that date…. Continue Reading
Tag Archives: UTSA
Texas Considers Adopting the Uniform Trade Secrets Act
Posted in Legislation, Trade SecretsTexas, New York, North Carolina, and Massachusetts are the only states that do not subscribe to some version of the Uniform Trade Secrets Act (“UTSA”). Common law presently governs misappropriation of trade secrets lawsuits in Texas. Legislation was recently proposed that, if enacted, would adopt a version of the UTSA for the State of Texas. The common… Continue Reading
Is Massachusetts Next to Adopt the Uniform Trade Secrets Act?
Posted in Legislation, Trade SecretsWill 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… Continue Reading
2012 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law
Posted in Computer Fraud, Computer Fraud and Abuse Act, Data Theft, Espionage, Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Trade Secrets, Unfair CompetitionIn Seyfarth’s first installment of its 2013 Trade Secrets Webinar series, Seyfarth attorneys Michael Wexler, Robert Milligan, and Joshua Salinas will review noteworthy cases and other legal developments from across the nation this past year in the areas of trade secrets and data theft, non-compete enforceability, computer fraud, and company owned social media accounts and… Continue Reading
Royalties Awarded for Theft of Skycam Trade Secrets
Posted in Trade Secrets, Unfair CompetitionBy Joshua Salinas and Jessica Mendelson Think that patents, trademarks, and copyrights are the only intellectual property where reasonable royalties are available? Think again! On September 27, 2012, a district court for the Northern District of Oklahoma found “exceptional circumstances” existed to award a royalty injunction for the misappropriation of trade secrets. Skycam, LLC v…. Continue Reading
Indiana Appellate Court Finds That Indiana Uniform Trade Secrets Act Preempts Common Law Misappropriation and Civil Conversion Claims In Mixed Martial Arts Broadcasting Dispute
Posted in Trade SecretsBy Ryan Malloy and Joshua Salinas The Court of Appeals of Indiana recently reversed and remanded a 2008 suit brought by the North American Boxing Council (NABC) against HDNet LLC (HDNet), in which the NABC alleged that HDNet stole its idea for a mixed martial arts (MMA) broadcast series after the parties had discussed a broadcast… Continue Reading
New Hampshire Federal District Court Broadly Interprets Preemption Provision In State’s Uniform Trade Secrets Act
Posted in Practice & Procedure, Trade SecretsIn a recent decision, Wilcox Indus. Corp. v. Hansen, 2012 U.S. Dist. LEXIS 63668 (D.N.H. May 7, 2012), a federal judge for the District of New Hampshire interpreted the New Hampshire Uniform Trade Secrets Act’s (the “NHUTSA”) preemption provision to preempt all non-contract claims based on unauthorized use of information even if the information at issue is not… Continue Reading
Utah Appellate Court Holds That “Confidential” Price List Is Not A Trade Secret But A Contract Bid Could Be, And Uniform Trade Secrets Act Preempts Common Law Claims Based On Misusing Confidential Information Not A “Trade Secret”
Posted in Trade SecretsIn a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct. Particularly noteworthy, the appellate court held that the Utah Uniform Trade Secrets Act… Continue Reading