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Law Offices of Elizabeth “Booka” Smith, LLC Blog

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April 27, 2016: Federal "Defend Trade Secret Act" Passes U.S. House Vote 410-2

On April 27, 2016, the U.S. House of Representatives voted 410-2 in favor of passing the “Defend Trade Secrets Act,” which amends the federal Economic Espionage Act and allows employers to file civil lawsuits for theft of trade secrets under federal law. The U.S. Senate previously approved this legislation and it has been forecasted that the bill will be signed into law by President Obama. Enactment of the Defend Trade Secrets Act (DTSA), which specifically states that it does not pre-empt state trade secret statutes, means that employers who believe that they are a victim of trade secrets misappropriation may be able to file lawsuits in State and/or federal court alleging violations of the federal Defend Trade Secrets Act and/or violations of the applicable state’s trade secret misappropriation statute. Previously, employers had no federal misappropriation statute to work with and were often restricted to filing their lawsuits in state court. Although the DTSA drew a rare level of bipartisan support, it contains one controversial provision that in “extraordinary circumstances” allows employers to secure an ex parte seizure order from the court to prevent the dissemination of trade secrets. Ex parte seizure is a dramatic and potentially harsh remedy which is currently not available under state law. The Law Offices of Elizabeth “Booka” Smith, LLC represents executive employees accused of misappropriating trade secrets. The most common representation involves a scenario where an executive leaves their current employer to compete in the same industry either with another existing company, or by starting a new company. If you are an executive who has been accused of misappropriating trade secrets, or if you have questions about what information may be considered untouchable “trade secret” information, CONTACT US to schedule a consultation and/or to discuss potential legal representation.

 

May 27, 2016: SOX Whistleblower Retaliation Claims...
March 16, 2016: OHSA Issues Final Procedural Rules...

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