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Please contact us if you have any questions about the proposed legislation or other legal concerns. The firm has decades of experience providing guidance on trade secret protection, implementing gatekeeper policies and protective measures, and handling trade secret disputes for a diverse set of clients. Kelley Drye’s Trade Secrets Practice will continue to monitor Congress’ consideration of the DTSA, and any other legal developments affecting the protection of trade secrets.

Professor Sandeen was the only witness to oppose the adoption of a uniform, federal trade secret law. James Pooley, Principal at James Pooley, PLC and Professor Sharon Sandeen, Hamline University School of Law. Tom Beall, VP and Chief IP Counsel at Corning Corp.

At the December 2 hearing, the Judiciary Committee heard statements from Senator Chuck Grassley (R-Indiana) and Senator Patrick Leahy (D-Vermont), and testimony from four witnesses – Karen Cochran, Chief IP Counsel at E.I. Senators Chris Coons (D-Delaware) and Orrin Hatch (R-Utah), and has gained substantial bipartisan support. The Defend Trade Secrets Act of 2015 (DTSA) was introduced on Jby U.S. DTSA supporters argue that the bill will standardize the protection of trade secrets, improve the efficiency and predictability of litigation, and allow companies to create one set of policies to protect their intellectual property nationwide. Although federal law enforcement authorities may criminally prosecute trade secret thieves under the Economic Espionage Act of 1996 (EEA), there is currently no federal recourse available to individual victims.

Unlike other areas of intellectual property, the protection of trade secrets in the United States is primarily a matter of state law, with forty-seven states having enacted some variation of the Uniform Trade Secrets Act. If passed, the DTSA would create a federal private right of action for theft of trade secrets. Senate Judiciary Committee held a hearing regarding the Defend Trade Secrets Act of 2015 (DTSA). The panel will also discuss the legal twists and turns that led to the unexpected settlement in Waymo v. The advantages and disadvantages must be analyzed carefully by trade secret plaintiffs thinking of seeking redress under the DTSA. Uber, the court excluded a damages expert under FRE 702 and 403, for insufficient qualification and for failure to separate benefits derived from the trade secrets from those derived from other, legitimate advantages. Cal., 2017), plaintiff’s expert report was thrown out and a federal jury largely cleared the defendant. Federal courts are more likely than state courts to challenge experts and theories of harm. The Honorable James Kleinberg (Ret.) JAMS Victoria Cundiff, Paul Hastings, LLP James Pooley, James Pooley PLC Legislative and Judicial Trends and Traps in.

The defendant also prevailed on summary judgment in Kuryakyn Holdings, LLC v. 2017), the defendant’s motion to dismiss was granted because of the failure to specify.

Federal judges have been making rigorous demands for specificity of TS description, both at the pleading stage and at the gateway to discovery.

Our panel, two top trade secret litigators and a mediator who was previously in-house, will analyze this Northern District of California litigation, as well as other recent cases in other federal courts, illustrating how the risks of using the DTSA to bring suit compares to the benefits. The conclusion reached? Despite the touted advantages, there are serious new perils that should be considered by plaintiffs who are contemplating going to federal court instead of filing in the traditional venue of state court. Instead, the program will examine the dispute as a test case for the new federal trade secret law, the DTSA. This IP Chat Channel webinar won’t focus on the one-off oddities in this case, although there were plenty of them. Uber has received plenty of attention over the past year. The recently-settled trade secret action Waymo v.