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Tag: Defend Trade Secrets Act

WHY ALL POST-MAY 2016 EMPLOYMENT AGREEMENTS MUST INCLUDE A DTSA IMMUNITY CLAUSE

September 1, 2020 Leiza Dolghih

If an employment agreement entered after May 11, 2016, does not contain an immunity notice, employer can sue an employee for trade secrets misappropriation, but will not be able to recover its attorneys fees or obtain an award of punitive damages.

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The Fifth Circuit Issues Its First Decision on the Defend Trade Secrets Act

November 27, 2018 Leiza Dolghih

The Fifth Circuit Court of Appeals recently ruled that: (1) a party must “prevail” before it can recover any attorney’s fees under the Defend Trade Secrets Act and (2) a plaintiff’s dismissal of its claims without prejudice does not confer the “prevailing party” status on defendants. 

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Texas Amends Its Trade Secrets Statute Effective September

June 12, 2017 Leiza Dolghih

Texas’ recent amendments to its trade secrets statute made it the most comprehensive and modern statute in the nation. It is the only statute in the nation that addresses when a competitor can be excluded from the courtroom to prevent disclosure of trade secrets during the lawsuit.

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Trade Secrets Litigation is About to Change with the Passage of the Federal Defend Trade Secrets Act

April 28, 2016 Leiza Dolghih

The federal Defend Trade Secrets Act (DTSA), that has been subject of rigorous debate over the past few years, is just days away from becoming

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