For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and others. The reasoning is straightforward enough: Companies want to protect their reputations, and confidentiality/nondisparagement provisions in settlement agreements have been a way to ensure that unhappy … Continue Reading
As we have previously discussed on the blog, President Obama signed the Defend Trade Secrets Act (DTSA) into law on May 11, 2016. Fortunately, while the law has many new components that businesses need to consider, parts of the DTSA are derived from the Uniform Trade Secrets Act (UTSA). The UTSA has been adopted, in … Continue Reading
Wow, that was fast! We recently blogged about the revised Defend Trade Secrets Act, which passed the Senate on April 4, 2016, by an 87-0 vote. On April 20, the House Judiciary Committee unanimously passed the same bill. The next step is for the full House to consider the bill, and then it goes on to … Continue Reading
Last week, a federal jury in Wisconsin awarded almost $1 billion to Epic Systems Corporation in its trade secrets case against Indian consulting company Tata Consulting Services, Ltd., and its American unit, Tata America International Corporation. Epic provides software for medical groups, hospitals, and integrated health care organizations. Tata was hired by one of Epic’s … Continue Reading
On April 4, 2016, the Senate unanimously passed the Defend Trade Secrets Act, bringing a federal civil remedy for trade secret misappropriation one step closer to becoming law. House Judiciary Chairman Bob Goodlatte released a statement a few days later saying he planned to move the legislation through the House Judiciary Committee in the coming … Continue Reading
Last week, in a diversity jurisdiction case, the Sixth Circuit analyzed Texas law to identify the relationship among three separate categories of business information: (1) trade secrets, (2) contractually protected confidential information, and (3) general skills and knowledge. The Sixth Circuit reversed the district court’s ruling, which failed to distinguish between trade secrets and confidential … Continue Reading