By Marcus Mintz and Jeremy Cohen

Seyfarth Synopsis: 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

Continue Reading Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA

By Alex Meier

Seyfarth Synopsis: 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
Continue Reading House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

By Michael Wexler, Robert B. Milligan, and Daniel Joshua Salinas

Seyfarth Synopsis:  On Tuesday, January 28 at 12:00 p.m. Central, in the first installment of the 2020 Trade Secrets Webinar Series, Seyfarth attorneys will review noteworthy legislation, cases and other legal developments from across the nation over the last year in the area of trade secrets and
Continue Reading Upcoming Webinar! 2019 Year in Review: What You Need to Know About the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud for 2020

By Amy A. Abeloff, Daniel P. Hart, Robert B. Milligan

SS Trade Secrets-Pass It OnSeyfarth Synopsis: Yesterday, May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”), which Congress passed on April 27, 2016. With President Obama’s signature, the DTSA has now become the law of the land, and a federal civil remedy for trade secrets misappropriation now exists.  

Seyfarth’s
Continue Reading Obama Signed the Defend Trade Secrets Act — Management Alert and Webinar

By Amy Abeloff and Robert B. Milligan

shutterstock_267261659Seyfarth Synopsis: New federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”).  Our post provides a brief history and summary of the DTSA, and, notably, provides business owners a list of tips and strategies to
Continue Reading What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?