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Defend Trade Secrets Act of 2015

On December 1, 2015, I joined with 19 other attorneys that specialize in trade secret law in writing to Congress in support of the Defend Trade Secrets Act of 2015 (S. 1890, H.R. 3326). Click here for...

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Senate Judiciary Committee Hears Testimony on Defend Trade Secrets Act

On December, 2, 2015, the Senate Judiciary Committee held a hearing on the Defend Trade Secrets Act, which is authored by U.S. Senators Chris Coons (D-DE) and Orrin Hatch (R-UT) and would provide...

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The Defend Trade Secrets Act Is Not Ready for Prime Time

In my previous post, I wrote about the Senate Judiciary Committee’s hearing on the Defend Trade Secrets Act of 2015. Based on the hearing, it seems likely that the bill will more forward, but there are...

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Supreme Court needs to clarify the scope of the CFAA

The Computer Fraud and Abuse Act (CFAA) has been the primary “go to” statute for the federal government to prosecute hackers since it was originally enacted in 1986. Despite being amended several times...

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Defend Trade Secrets Act of 2016

On Thursday, January 27, 2016, the Senate Judiciary passed a voice vote in favor of the Defend Trade Secrets Act of 2016 (“DTSA”).  The bill, which was sponsored by Sens. Orrin Hatch (R-Utah) and Chris...

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Release 25 – Intellectual Property & Computer Crimes

Release 25 to my book, Intellectual Property and Computer Crimes, is here. The release contains a comprehensive revised analysis of the case law on the Stored Communications and Wiretap Acts, which...

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Five Things to Know About the Defend Trade Secrets Act

This article originally appeared in IP Watchdog on May 11, 2016. On April 27, 2016, Congress passed the Defend Trade Secrets Act (“DTSA”), which President Obama has indicated that he will sign soon....

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Definition of a “Trade Secret” Under the DTSA

This originally appeared in IP Watchdog on May 24, 2016. On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), which became effective that very same day. The DTSA...

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Misappropriation of a Trade Secret Under the DTSA

This article first appeared in IPWatchdog on June, 10, 2016. On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), which became effective that very same day. The DTSA...

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Handle with Care: Civil Seizure Under the Defend Trade Secrets Act

Introduction On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), which became effective that very same day, and is the most significant development in intellectual...

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