Tag Archives: Trade Secrets

Trade secret litigation – is Germany next?

In anticipation of the implementation of the Trade Secrets Directive, the topic of know-how protection has been widely discussed. Dr Anette Gärtner, along with Sabrina Gossler, has written an article which explores the current legal situation in Germany, analyses the relevant provisions of the Directive and explains the immediate next steps for companies operating in … Continue Reading

Trade Secrets Directive Adopted by the European Council

Almost three years after its initial proposal, the Trade Secrets Directive has been formally adopted by the European Council and published in the Official Journal on 15 June (2016/943/EU). Member states will have until 9 June 2018 to implement the Directive’s provisions. As we reported last year, the Directive aims to harmonize the divergent body … Continue Reading

First Round of Defend Trade Secrets Act Complaints Alleging Misappropriation Activity Both Before and After DTSA’s Enactment: Will They Stick?

Following President Obama’s signing of the federal Defend Trade Secrets Act (“DTSA” or the “Act”) into law last week, parties are beginning to file lawsuits asserting claims under the DTSA. As widely reported, before the DTSA’s enactment, civil trade secret legislation was solely a creature of state law.  Consequently, absent another basis for federal jurisdiction, parties … Continue Reading

Defend Trade Secrets Act of 2015 May Open Door to Employers Wishing to Pursue Trade Secret Claims in Federal Court

For years, employers have sought access to federal courts for trade secret misappropriation claims against departing employees who have taken the employer’s proprietary information to use in a new venture or for a new employer. Absent diversity, employers’ options to secure federal jurisdiction were limited, however. In the 2000s, employers began including claims under the … Continue Reading

European Commission Proposes Directive To Protect Trade Secrets

The European Commission has announced a proposal for a directive “on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.” This measure will prove popular in the context of a recent survey in the “Study on Trade Secrets and Confidential Business Information in the Internal Market” (MARKT/2011/128/D), … Continue Reading
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