The identification of trade secrets in misappropriation litigation is a critically important and evolving area of trade secret law. Not surprisingly, it is the subject of widely divergent and conflict...
The Computer Fraud and Abuse Act deems certain uses of a computer to be unlawful (civilly and criminally). But, the Act is not the picture of clarity. The language that has created the most...
With the continuing unfolding of the COVID19 pandemic, I remain particularly focused on identifying resources that I hope will be helpful to people while they try to cope with the new reality (hence t...
Hello all, just a quick note, we are just under a month away from the AIPLA's 2020 Trade Secret Law Summit, truly one of the premier trade secrets programs. The Summit is scheduled for Monday, Marc...
Leaving your job? No problem. Going to a competitor? No problem (maybe). Taking stuff that doesn’t belong to you? Problem - definitely. Companies are particularly sensitive the misappropria...
With three-plus years of Defend Trade Secrets Act (the "DTSA") law under our belts and almost a year of the "new" Massachusetts new trade secrets law, my new book, Trade Secrets Law for the Massachus...
The other day, I was listening to 1970’s and 80’s music (which I am wont to do, much to my wife’s chagrin). The music, as music often does, evoked memories of the past. Think what you...
It turns out that global climate change is caused by a decrease in the number of pirates. Don’t believe it? See the chart to the right. This is an example of mistaking correlation for causati...
This is an update to reflect the adoption by Massachusetts of its own version of the Uniform Trade Secrets Act. The background: Until now, every state but Massachusetts and New York had ado...
Last week, I posted an article explaining the new noncompete and trade secrets law reform legislation passed by the Massachusetts Legislature. See Massachusetts noncompete and trade secret reform ha...
On April 26, Senators Elizabeth Warren (D-MA), Chris Murphy (D-CT), and Ron Wyden (D-OR) introduced the Workforce Mobility Act to impose a federal ban on the use of employee noncompetes. A compan...
Almost nine years in the making, Massachusetts is on the cusp of noncompete reform. And, decades in the making (yes, decades, thanks to Steve Chow's extraordinary efforts), Massachusetts is also...
This is an update to reflect statutory revisions to Texas' version of its Uniform Trade Secrets Act statute, which will become effective on September 1. For more on the changes, see Texas Updates I...
Every state but Massachusetts and New York has adopted the Uniform Trade Secrets Act (the UTSA) in one form or another – though some may quibble with whether Alabama or North Carolina actually ad...
I posted yesterday that President Obama had signed the Defend Trade Secrets Act, including a lengthy summary of the bill, it's history, what it does, and what (I think) it will mean for companies....
After 5 years in the making, the Defend Trade Secrets Act of 2016 (the "DTSA") was signed into law today by President Obama (following a unanimous vote by the Senate (87-0) and nearly unanimous vote...