Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of trade secrets is brought in “bad faith.” See 18 U.S.C. § 1836(b)(3)(D); 12 Pa. Cons. Stat. § 5305(1). But who decides “bad faith” – a
Continue Reading Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA
On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret misappropriation disputes under the Defend Trade Secrets Act (“DTSA”).
The Second Circuit held that under the DTSA unjust enrichment damages cannot be awarded for
Continue Reading Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence
This article was originally published in the Boston Bar Association’s Fall 2022 Boston Bar Journal.
Just over four years ago, the Massachusetts legislature finally passed a bill long in the works addressing non-compete agreements and replacing the Commonwealth’s trade secret misappropriation statute with a version of the Uniform Trade Secrets Act (the “UTSA”), referred to herein as “MUTSA.” See M. G. L. c. 93, § 42-42G. While the Commonwealth’s “new” non-compete law has received the most attention, the adoption of the UTSA was also notable. Even though Massachusetts is the 49th state to adopt the UTSA, MUTSA differs from other states’ versions of the UTSA. This piece will discuss the differences in pre- and post-MUTSA jurisprudence and what issues may be implicated by the law.Continue Reading The Massachusetts Trade Secrets Act, Four Years On: What to know
In the fifth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions.
As a conclusion to this webinar, we compiled a summary of takeaways:
Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. The “Accountability for Workplace Misconduct Act,” H.R. 8146, appears to be a federal effort to expedite the state-level trend to exempt discrimination, harassment, and retaliation information from confidentiality restrictions.
Over the last decade, lawmakers at the state and federal level have introduced and passed legislation designed to limit the reach of confidentiality provisions in certain circumstances. Those modifications include:
Continue Reading House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements
There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below.
Continue Reading Recent Hot Topics and Developments in Trade Secrets Law
Robert Milligan, Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes group, and associate Alex Meier recently attended the Sedona Conference on Trade Secrets (Working Group 12) in Denver, Colorado. Working Group 12 seeks to aid judges and practitioners in developing consensus-based guidelines for managing trade secret litigation and protecting trade secrets.
Continue Reading Recap! The Sedona Conference on Trade Secrets (Working Group 12) in Denver
Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.
Continue Reading Seyfarth Attorneys Author Article on Texas Trade Secret Lawsuit
After a four day bench trial on August 10, 2021, a Houston federal judge ruled that the conceptual designs an oil and gas manufacturing company disclosed to its erstwhile collaborator under an NDA were not eligible for trade secret protection because they were neither secret nor misappropriated due predominantly to disclosure in a prior public patent. The ruling underscores the necessity that trade secrets are—in fact—kept actually secret. Moreover, any prior patent of the party seeking to protect its trade secrets should be scrutinized for similarity with the technology or information allegedly comprising a trade secret.
Continue Reading Texas Oil & Gas Manufacturing Company’s DTSA/TUTSA Lawsuit Unraveled by Public Disclosure of Alleged Trade Secret in its Own Expired Patent
Thursday, January 27, 2022
2:00 p.m. to 3:00 p.m. Eastern
1:00 p.m. to 2:00 p.m. Central
12:00 p.m. to 1:00 p.m. Mountain
11:00 a.m. to 12:00 p.m. Pacific
In the first installment of the 2022 Trade Secrets Webinar Series,
Continue Reading Upcoming Webinar! 2021 Trade Secrets & Non-Competes Year in Review