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Emerging issues affect how to handle trade secrets

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in Employment Law,Human Resources

In recent years, how employers handle trade secrets and other confidential information has become more complicated.

The Defend Trade Secrets Act took effect in 2016. DTSA gives employers that believe their trade secrets have been stolen an avenue to prevent their misappropriation through the federal courts.

Before the law was enacted, employers were limited to state law claims under a version of the Uniform Trade Secrets Act or UTSA (in 48 states and the District of Columbia) or common law (in New York and Massachusetts).

Now comes a new wrinkle: In April, the U.S. Department of Justice announced plans to file criminal charges against employers that collude to fix wages or not hire one another’s workers under “nonpoaching agreements.”

As a result, employers are more likely than ever to either have their trade secrets compromised or face liability for knowingly or unknowingly possessing a competitor’s confidential...(register to read more)

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