Posts Tagged: trade secrets

What do employers need to know about the new Trade Secrets Act of 2016?

Small business tips - SandGarden Law GroupThe new Trade Secrets Act of 2016 has new tools and remedies for protecting employers, and new notice requirements as well.

Previously in this series we’ve discussed the new Defend Trade Secrets Act of 2016 (DTSA); how it can help small business owners and entrepreneurs protect their Trade Secrets, and how it will affect every else doing business in California. (See our resources page to links to these posts.)

Today’s blog post will focus on what employers need to know about the DTSA and steps they should take to comply with new DTSA requirements.

Today’s employers, small businesses and startups included, understand that they are vulnerable to their employees and contractors.

Civil Seizure and the 2016 Trade Secrets Act

Small business tips - SandGarden Law GroupWhat civil seizure is and how the 2016 Trade Secrets Act affects it

In our last post we explained the basic tools used to protect Trade Secrets such as NDA’s Employee and Independent Contractor Agreements, and state civil law actions.

Today we will start exploring the new tools available under the 2016 Defend Trade Secrets Act (DTSA). Its important to remember that these new tools affect all businesses, not just those who think they have trade secrets to defend.

What are Trade Secrets?

Small business tips - SandGarden Law GroupTrade Secrets: yours and everybody else’s

As we discussed last week, trade secrets are a type of Intellectual Property protection.   The courts define “trade secret” very broadly.  It can mean any type of confidential or secret information that gives a business a competitive edge.  Some examples of trade secrets: survey methods used by professional pollsters; formula for a sports drinks; recipes; a new but unpatented invention; manufacturing techniques; marketing strategies; and computer code or algorithms.  Trade secrets can even mean a good prospect list or supply chain.  Trade secrets are any valuable business information that is not generally known.

Generally trade secrets are most important in four types of business interactions: