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Federal Civil Trade Secret Legislation
Businesses regularly lose precious data, sometimes even “the crown jewels,” through trade secret theft by departing employees, unscrupulous contractors and others. Although trade secret theft is estimated to cause billions of dollars in damage every year, no federal civil claim for trade secret misappropriation currently exists. Despite the fact that patents, trademarks and copyrights are protected by federal laws creating private rights of action, trade secrets ' which for many businesses are the lifeblood of their revenue ' are not. State laws govern these assets, and they are inconsistently applied. Relief may be in sight.
On July 29, 2015, the Defend Trade Secrets Act of 2015 (DTSA) was introduced in the House of Representatives (H.R. 3326) and Senate (S. 1890). The Act would establish a federal civil cause of action for trade secret misappropriation, enabling plaintiffs to assert trade secret claims in federal district courts. While similar legislation has been introduced in previous years, there are reasons to think that the bill could pass in some form this Congress given the bipartisan support the measure enjoys.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.