Under both, the federal Defend Trade Secrets Act and the various state Uniform Trade Secrets Acts, an owner of trade secrets must take “reasonable measures” or reasonable steps to protect the trade secrets from being disclosed.
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.
Before pleading a Texas Theft Liability Act claim against an employee for stealing the company’s data, information, documents, or other property, the company should make sure that there is at least some evidence of the employee’s intent to deprive the company of its property.
Before filing a trade secrets case or in the early stages of such case, a company bringing a lawsuit should always consider the following questions: (1) what damages did we suffer? (2) how do we calculate such damages? (3) how do we prove the damages in court?
In 2016, there have been some major developments involving confidentiality and non-compete agreements law, which are likely to have some repercussions in 2017. Here’s a summary
Until recently, companies suing for trade secret theft ran a risk of having to disclose to their competitors in open court certain aspects of their