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Federal legislators introduced bills this year to create a civil cause of action for private litigants in federal court for trade secret misappropriation. With the most recent bill introduced in the House by a bi-partisan coalition in late July, there appears to be surging momentum for the passage of federal trade secrets legislation this fall, particularly with several leading companies and business groups supporting the creation of a federal civil remedy. The Economic Espionage Act, which provides criminal liability for trade secret misappropriation, currently only authorizes civil actions by the Attorney General but not by private parties. Instead, plaintiffs are left to bring trade secret claims in state court under various state statutory adoptions of the Uniform Trade Secrets Act.
There are inconsistencies and differences among some states concerning their specific adoption of the UTSA and some courts have differing interpretations regarding the key provisions of the UTSA.
The bill marked the latest attempt in the past four years to create a private civil cause of action for trade secret misappropriation at the federal level. The bill provides for a five year statute of limitations and provides uniform remedies for misappropriation of trade secrets. It also provides for ex parte orders for preservation of evidence and seizure of any property used, in any manner or part, to commit or facilitate a violation of the statute, using the procedure contained in the Lanham Act. On July 29, 2014, a similar bill, entitled the Trade Secrets Protection Act of 2014, was introduced into the House, by a bi-partisan group led by George Holding (R-N.C) and Jerrold Nadler (D-NY).
2) It permits a seizure order on an ex parte basis to preserve evidence or to prevent the propagation or dissemination of the trade secret that is the subject of the action but it has certain precautions and limitations not found in the Senate bill. 3) It clarifies that it only covers misappropriation actions that occur on or after it is enacted. According to sources, there may not be any significant opposition by the Senate sponsors to the House’s version of the trade secret bill. With some attention away from patent reform on the Hill, there may be an opportunity to get a trade secret bill done in the fall.
There appears to be some very positive momentum for the bills, including bi-partisan support in both houses by high ranking legislators and likely support by the Obama Administration.
As indicated NAM supports the bill, noting that it marked “a critical step toward ensuring manufacturers can effectively and efficiently enforce their trade secrets at home and abroad.” “[Trade secret] theft costs businesses in this country some $250 billion a year,” the group said. Additionally, the former head of the Patent Office, David Kappos recently came out in favor of the bill on behalf of the Partnership of American Innovation stating, “Trade secrets are an increasingly important form of intellectual property, yet they are the only form of IP rights for which the protection of a federal private right of action is not available.


While no formal opposition has been organized yet, various attorneys skeptical of the legislation cite federalism concerns, legislation in search of a problem, the alleged over breadth of the seizure language, and the perceived burden on the federal courts.
The attorneys of the Trade Secrets, Computer Fraud, & Non-Competes practice group of Seyfarth Shaw LLP protect and defend clients against those who improperly handle proprietary information, violate non-compete agreements, improperly solicit customers or remove electronic data from businesses, and raid employees. Trade Secrets and Confidentiality Lawyers & Attorneys, the Trade Secrets, Computer Fraud, & Non-Competes practice group of Seyfarth Shaw LLP, offering services relating to corporate espionage, electronic information protection, non-compete agreements, non-disclosure, proprietary information, restrictive covenants, audits, protection policies, trade secrets litigation, with offices in Atlanta, Boston, Chicago, Los Angeles, New York, Houston, Sacramento, San Francisco.
Unless otherwise indicated, attorneys listed in this Web site are not certified by the Texas Board of Legal Specialization. Learn photography lighting studio and location techniques that help take your photographs to the next level. Granting DuPont’s in limine motion in the Kolon case, the trial court ruled that any reference to that prior lawsuit would be confusing and prejudicial.  The Court of Appeals reversed, holding that the trial judge’s “wholesale preclusion of any mention” of the earlier litigation was arbitrary, irrational, and an abuse of discretion. Accordingly, unless diversity jurisdiction exists, or there is some other hook such as a cause of action brought under the federal Computer Fraud and Abuse Act, there is currently no basis to bring a civil trade secret cause of action in federal court.
Massachusetts and New York have not adopted the UTSA and trade secret claims are brought under the common law in those jurisdictions. Christopher Coons (D-Del.) and Orrin Hatch (R-Utah) introduced the Defend Trade Secrets Act of 2014. The following bills previously failed: Amendment to Currency Exchange Rate Oversight Reform Act of 2011,  Protecting Trade Secrets and Innovation Act of 2012 (“PATSIA”), and Private Right of Action Against Theft of Trade Secrets Act of 2013 (“PRATSA”). It provides for injunctive relief to prevent any actual or threatened misappropriation of trade secrets.  It also allows for affirmative actions to be taken to protect trade secrets. Additionally, on the right, the Heritage Foundation recently wrote an article in support of a private right of action. It is important to note that like the United States, the European Commission is considering a directive providing more uniform protection of trade secrets. Printed on thick card stock with high end UV coatings, each photograph has been carefully reproduced at the highest image quality. This Limited Edition collection of twenty five images delivers a fresh and easy way to learn photography thanks to the included location and studio lighting diagrams along with photo lighting tips on every card. International multi-award winning photographer Chase Jarvis walks you through this impressive collection of twenty two portrait photographs he crafted for projects like the Hasselblad Master Series, national ad campaigns, personal fine art portfolio work, and more. Thus, companies who conduct business in the United States often must address differing and conflicting standards when trying to protect their trade secrets throughout the nation.


With respect to damages, it provides damages for actual loss, unjust enrichment, and a reasonable royalty in certain scenarios.
We expect that there will be activity on the bills in early September with possible votes taken in mid-to-late September. On the left, Congresswoman Zoe Lofgren previously proposed creating a civil cause of action in federal court last year in the PRATSA bill. There is one gallery worthy image on each card with insights and lighting diagrams on the flip side. Additionally, in exceptional circumstances, royalties can be awarded for the use of trade secrets in lieu of a permanent injunction. Lastly, any person who suffers damage by reason of a wrongful or excessive seizure has a cause of action against the plaintiff. Edited by Nice Photography Magazine’s Zeke Kamm you can be sure these cards will help you raise your game and entertain you, too. They also stated that there is a need for legislative action with an estimated $160 to $480 billion lost to trade secrets theft in the United States and the ease of theft in the electronic age. In cases of willful or malicious misappropriation, the bill provides for exemplary damages of not more than three times the actual damages. No more sifting through hundreds of pages of book text to find creative inspiration and learn inventive, professional photography techniques. It also provides for attorneys fees’ and costs for willful and malicious misappropriation or for the pursuit of a trade secret cause of action in bad faith. It’s all right here in a format aimed specifically at helping you improve your photography skills.
Produced in an easy access baseball card-like format this pocket friendly collection of incredible images and insights need never be more than arm’s length away.



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