©2019. Published in Landslide, Vol. 11, No. 6, July/August 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Trade secret litigation has been steadily on the rise since the enactment of the federal Defend Trade Secrets Act of 2016 (DTSA). This trend is particularly pronounced in California’s booming tech sector where—in light of recent state court decisions limiting the viability of noncompete clauses—employers are turning to trade secret law to protect competitively valuable business information when employees start their own businesses or are hired away by competitors. As a lawyer, I like to read about legal developments and trends. But, what my clients really want to know is: what can I do when misappropriation (allegedly) happens to me?
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