On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, House Judiciary Committee Chairman Bob Goodlatte (R-VA) released a statement in which he applauded the Senate’s passage of the bill, noting that “trade secrets are an increasingly important form of intellectual property that have become more vulnerable to theft
Continue Reading House Judiciary Committee Passes Senate’s Version of the Defend Trade Secrets Act
California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement
Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade.
California, mecca of the film and media production industries in the U.S., is notorious for outlawing non-compete agreements. It is one of the few states that generally prohibits the unlawful restraint of one’s profession or business, with limited exceptions.
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Senate Judiciary Committee Issues Report in Support of Defend Trade Secrets Act
The Senate Judiciary Committee recently released Senate Report 114-220 regarding the Defend Trade Secrets Act of 2016 (“DTSA”). A background on and recent developments of the DTSA are discussed more fully on our blog.
The Judiciary’s most recent report, authored by Senator Chuck Grassley (R-IA), recommended that the recently amended version of S. 1890 pass.
The Report was separated into
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Senate Judiciary Committee Votes in Favor of Passage of an Amended Defend Trade Secrets Act
Earlier today, the Senate Judiciary Committee held a voice vote in favor of the passage of the now amended Defend Trade Secrets Act of 2016 (“DTSA”). At this point, the Committee has not yet revealed when the current version of the DTSA will make it to a floor vote, nor has it been announced when and if the House will
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Senate Judiciary Committee to Hold Meeting About Passage of the DTSA
This morning in Washington, the Senate Judiciary Committee will hold a meeting to consider S. 1890, the Defend Trade Secrets Act of 2015 (“DTSA”). The passage of the DTSA would provide a federal civil cause of action for the theft of trade secrets. Trade secret law currently consists of a mix of federal protection through the Economic Espionage Act (“EEA”)
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Ninth Circuit Poised to Address the “Without Authorization” Debate under the Computer Fraud and Abuse Act Again
Background
Imagine if you could manage all of your social media platforms on one app. Believe it or not, there was an app for that (or, at least a website), created by a company named Power Ventures (“Power”). Back in 2008, Power instituted its “Power 100” campaign, which offered its users the chance to win $100 if they invited 100
Continue Reading Ninth Circuit Poised to Address the “Without Authorization” Debate under the Computer Fraud and Abuse Act Again
Update on the Senate Judiciary Committee’s Hearing on the Protection of Trade Secrets
Earlier today, the Senate Judiciary Committee held a hearing regarding the protection of trade secrets through the creation of a federal civil cause of action, which would allow trade secret victims to sue for trade secret misappropriation in federal court.
Senator Chuck Grassley opened the hearing, outlining the importance of protecting the “lesser known but increasingly important form of intellectual
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U.S. Senate To Hold Hearing On Impact of Trade Secret Theft
Tomorrow at 10:00 a.m. EST, the United States Senate Judiciary Committee will hold a hearing concerning trade secret theft entitled “Protecting Trade Secrets: The Impact of Trade Secret Theft on American Competitiveness and Potential Solutions to Remedy This Harm.”
The hearing will feature some of the key supporters of the bill known as the Defend Trade Secrets Act (DTSA). The
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Nosal Update: Ninth Circuit Hears Oral Arguments on Password Sharing and Scope of Computer Fraud and Abuse Act
On October 20, 2015, a Ninth Circuit panel consisting of Chief Judge Sidney Thomas and Judges M. Margaret McKeown and Stephen Reinhardt heard oral argument from the U.S. Department of Justice and counsel for David Nosal on Nosal’s criminal conviction arising under the Computer Fraud and Abuse Act (CFAA). In 2013, Nosal was found to have violated the CFAA by
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Utah Supreme Court Lays Out Pro-Plaintiff Presumption of Harm Standard in Trade Secret Cases
The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving trade secret and breach of non-disclosure claims. InnoSys v. Mercer, 2015 UT 80 (August 28, 2015).
The trade secret battle involved a defense industry-focused technology
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