The new Defend Trade Secrets Act (DTSA) is designed to create a federal standard for trade secret protection – and includes remedies that permit federal judicial seizure of stolen trade secrets. DTSA fills an important gap in the statutory framework that employers have available to them to retrieve trade secrets stolen by departing employees, such as the CFAA (.pdf), the Economic Espionage Act and the patchwork of state trade secret laws (.pdf).
Here is what employment lawyers need to know and do now:
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Protecting a company from data breach lawsuits may get substantially harder.
Once hit by a data breach, companies face suit from consumers and employees who have had personally identifiable information compromised. A relatively new line of cases has made life very difficult for these plaintiffs by holding that increased risk of identity theft is not sufficient grounds for a lawsuit. However, some holdout courts may just have it right.
Understanding this requires a deep dive into the world of standing to sue.
Continue reading “Do Data Breaches Hurt? Future Injuries in Data Breach Litigation” →