Trade Secrets Category Archives — Kang Haggerty News Published By Kang Haggerty LLC

Have the Courts Made Room for Inevitability Under the Defend Trade Secrets Act?

November 29, 2018 | Edward T. Kang and Kandis Kovalsky

In the November 29, 2018 edition of The Legal Intelligencer Edward Kang, Managing Member of Kang Haggerty and Kandis Kovalsky, Associate of Kang Haggerty, co-authored “Have the Courts Made Room for Inevitability Under the Defend Trade Secrets Act?”

The Defend Trade Secrets Act (DTSA), 18 U.S.C. Section 1836, et seq., which was enacted on May 11, 2016, after a Senate vote of 87-0, is the first federal law to protect trade secrets. The rare unanimous vote was unsurprising given the stunning report by the Commission on the Theft of American Intellectual Property that outlined how theft of intellectual property costs U.S. businesses more than $300 billion a year.

The DTSA highlighted Congress’ goal of aligning the federal law closely with the Uniform Trade Secrets Act (UTSA), which has been adopted in some form in almost every state. Just as the Lanham Act, which coexists with state trademark law, the DTSA coexists with state trade secret law. As such, it is important to understand this interplay and what it is likely to look like going forward. Continue reading ›

Defend Trade Secrets Act of 2016—One-Year Later, Now What?

May 25, 2017 | Kang Haggerty LLC

“Defend Trade Secrets Act of 2016—One-Year Later, Now What?” by Edward T. Kang | Legal Intelligencer

Following its enactment on May 11, 2016, there have been many cases filed in the US District Courts under the Defend Trade Secrets Act (DTSA). In this publication with The Legal Intelligencer, Edward T. Kang discusses notable developments relating to the DTSA – such as the private right of action arising from a trade secret misappropriation that occurred before but continues after the act’s enactment, which is drastically different from the Uniform Trade Secrets Act adopted by most of the states.

Click here to read the full article about the updates on the DTSA.

PA Law Weekly: Kang on CFAA and its impact on employer-employee litigation

February 4, 2016 | Kang Haggerty LLC

PA Law Weekly: Kang on CFAA and its impact on employer-employee litigation

January 30, 2016

Throughout 2016, Edward Kang will be a regular contributor to the Pennsylvania Law Weekly and The Legal Intelligencer on civil litigation issues impacting attorneys throughout the state. This month he writes on the topic of the CFAA and its impact on employer-employee litigation.