Regulation

A New Month, a New Compliance Deadline in the European Union: What Businesses Need to Know About the EU Trade Secrets Directive

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Just days after the European Union’s widely-discussed new data privacy regulations, the General Data Protection Regulation (“GDPR”), took effect on May 25, 2018, another EU-wide legal change quietly occurred.  (And if you’re still puzzling through GDPR compliance, fear not:  We have plenty of resources for you here.)

But on to the less familiar date:  June 9, 2018, was the deadline for EU member states to comply with the new Directive on the Protection of Trade Secrets.  As we’ve reported before, the European Parliament adopted the Directive in 2016 to harmonize national laws regarding trade secrets protection.  Under the Directive, trade secrets owners across Europe should enjoy increased protection and uniformity—welcome news, given that the laws have historically differed significantly from country to country.

Trade Secret Misappropriation by Ex-Employees in China: How to Confront “Inside Theft”

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Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition of the importance of trade secret protection.  Nevertheless, trade secret misappropriation remains rampant in the country.  READ MORE →

DTSA Immunity: A Plaintiff’s Dream Or A Burdensome Nightmare?

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If you are a regular reader of TSW, you know we have been monitoring developments relating to the Defend Trade Secrets Act of 2016 (DTSA). While the Northern District of California was the first court to enter a written opinion under the DTSA, case law is continuing to develop across the country, including in the First Circuit. READ MORE →

No Way Around It: SB 1241 Further Restricts Non-Compete Agreements For California Workers

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Companies often seek to protect their trade secrets by requiring employees to sign non-compete agreements. California law invalidates such provisions except in very limited circumstances. See Bus. & Prof. Code §§ 16600 et seq. With the recent passage of a new statute, the ability of employers to enforce such agreements against California employees is more restricted than ever.   READ MORE →

Federal Law or Another False Alarm? Senate Passes the Defend Trade Secrets Act of 2016 87-0. 

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Relief may soon be coming for trade secrets plaintiffs longing for federal court. Last year we covered the introduction of the Defend Trade Secrets Act (DTSA), compared it to the Uniform Trade Secrets Act (UTSA), and questioned whether federal court under this new law would be a preferable venue to plaintiffs. Since then, the bill, like the many that came before it, died in Congress. READ MORE →

Senate Bill in Georgia Seeks to Expand Scope of Trade Secret Protection

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On February 2, 2016, Georgia State Senator Hunter Hill introduced Senate Bill 321 in the Georgia Senate. The bill is entitled “Commerce and Trade; state government; protections against public disclosure of certain information.” The bill has 36 co-sponsors, all of whom, like Hill, are Republican.  READ MORE →

In China: Is Your Business Information Qualified for Protection in Trade Secrets Litigation?

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Recently, China and the U.S. have reached some meaningful commitments on minimizing trade secrets misappropriation and protecting intellectual property during their Joint Commission on Commerce and Trade.The commitments represent a step forward for trade secrets protection between the U.S. and China. Many U.S. companies, however, still complain that they are burdened by intricate laws and litigation regarding trade secret misappropriation in China. Here’s a primer on Chinese trade secrets law, which is often jurisdiction-specific. READ MORE →

Orrick Launches New Cybersecurity Blog

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We’re excited to announce Orrick’s new sister blog, Trust Anchor!

Trust Anchor highlights current topics in cybersecurity and data privacy, such as recent cases, legislative and regulatory developments, emerging standards, risk management strategies, and insurance coverage.  It’s not just news.  Instead, it aims to review new developments and offer actionable privacy and cybersecurity intel and strategies. READ MORE →