Do This NOW to Prepare for the New Federal Trade Secrets Law

H/T to Eric Ostroff and his http://www.protectingtradesecrets.com blog for this timely post. Trade secrets claims can be strong claim in Georgia, especially if a confidentiality or non-disclosure covenant is void. But, of course, the facts must warrant and justify the claim!

Protecting Trade Secrets

The Defend Trade Secrets Act (DTSA), which creates a federal cause of action for trade-secrets misappropriation, will be signed into law by President Obama in the coming days. This new law will have a substantial effect on where, and how, trade-secrets cases are litigated. Now is the time to figure out if your company is ready for the new law.

Since the DTSA’s definitions of trade secrets and misappropriation are largely similar to those in the Uniform Trade Secrets Act adopted by most states, I’m most concerned about making sure companies are minimizing the risk that they will unexpectedly be hit with a seizure order.

As has been widely discussed and debated, the DTSA contains an ex-parte seizure provision that authorizes judges to order the seizure of property containing the plaintiff’s trade secrets. While there are substantial protections to prevent abuse of this remedy, companies need to make sure they are not at risk of having their…

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