Regulation

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

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

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

Defend Trade Secrets Act of 2015 Faces Criticism 2.0

On August 28, 2015, TSW continued its coverage of the 2015 Defend Trade Secrets Act (“2015 DTSA”), introduced in both the House and Senate on July 28, 2015, with its comparison of the 2015 DTSA to last year’s failed 2014 House Bill. In today’s post, TSW continues with its extensive coverage of the 2015 DTSA, detailing both the criticisms it is facing and the progress it has made in Congress. READ MORE

The New and Improved Defend Trade Secrets Act of 2015! Now Featuring a Lockbox

On July 31, 2015, TSW continued our reporting of the continuing saga of Congress’ attempts to establish a federal right of civil action for trade secrets misappropriation by covering the introduction of the “Defend Trade Secrets Act of 2015” (“2015 DTSA”). The 2015 DTSA was introduced in identical form in the House (H.R. 3326) by Rep. Doug Collins (R-GA) and in the Senate (S. 1890) by Sen. Orrin Hatch (R-UT). In prior posts, we covered the introduction of the Defend Trade Secrets Act of 2014 in both the House (the “2014 House Bill”) and the Senate and outlined the differences between the two, noting that the 2014 House Bill was much more protective of defendants facing ex parte seizure orders. READ MORE

Once More, With Feeling! Congress Swings for the Fences with the Defend Trade Secrets Act of 2015

On July 28, broad bipartisan support ushered the “Defend Trade Secrets Act of 2015” onto the floor of both the House and Senate. This DTSA treads the well-worn path of many similar (and, to date, hapless) bills that fruitlessly preceded it. TSW has exhaustively covered prior attempts, aptly titling our first post “Pols Gone Wild: Congress Discovers Trade Secret Theft and Cybersecurity Are Problems; We Sort Through the Explosion of Legislation”—chart and all. READ MORE

One Step Closer: European Parliament Legal Affairs Committee Approves Trade Secret Directive

As Trade Secrets Watch has previously reported, new rules regarding the protection of trade secrets are on the horizon for the European Union. In November 2013, the European Commission announced a proposed Directive on trade secrets and confidential information. Around six months later, in May 2014, the Council of the European Union agreed on a revised draft Directive. Reception of the Trade Secrets Directive has been mixed. READ MORE

Will We See Federal Trade Secret Legislation Passed This Year?

In January of this year, we noted that trade secret protection has lately been on the minds of lawmakers in Washington, and that federal trade secret legislation was very close to being enacted.  While nothing is pending at the moment, we can expect renewed efforts similar to two bills that were introduced in Congress last year – one each in the Senate and House.  In anticipation of such efforts, we thought it would be useful to review what happened in 2014. READ MORE

China’s New Cybersecurity Policies: Is the Price of Compliance Worth the Risk of Disclosure?

Tensions recently escalated in the United States and China’s ongoing exchange over online security and technology policies, as China adopted the first in a series of policies it previously approved at the end of last year.  Among other things, the newly adopted regulations require foreign technology companies that sell computer equipment to Chinese banks to submit to obtrusive audits, set up research and development centers in the country, build “back doors” into their hardware and software, and, perhaps most disconcerting, disclose intellectual property to the Chinese government, including proprietary source code. READ MORE

Settlement Reached in Wyoming Fracking Disclosure Lawsuit: Heavier Burden of Proof for Companies Claiming Trade Secret or Confidentiality Protections

As we’ve previously discussed, a patchwork of state regulations requiring disclosure of chemicals used in fracking have been enacted by several states in recent years.  One such regulation was by the State of Wyoming.  While environmental groups initially lauded Wyoming’s new rule, the applause was short-lived as the Wyoming Oil and Gas Conservation Commission began granting trade secret exemptions that prevented disclosure of this information to the public under the state public records act.  This led the environmental groups to sue the Commission.  After nearly three years of litigation, including an appeal to the Wyoming Supreme Court, the parties reached a settlement that was approved by the state district court late last month.

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