The Defend Trade Secrets Act and Its Impact on Employers

Thomson Reuters Practical Law

Peter A. Steinmeyer and David J. Clark, attorneys in the Employment, Labor & Workforce Management practice, in the firm’s Chicago and New York offices, respectively, authored a Q&A article in Thomson Reuters Practical Law on the Defend Trade Secrets Act and its impact on employers.

Following is an excerpt:

Review and Revise Agreements Regarding Trade Secrets and Confidential Information

To position themselves to take advantage of all of the DTSA's remedies, employers should review any new or updated agreements with employees, consultants, and independent contractors that contain confidentiality provisions and ensure that the provisions do not discourage or prevent the individual from reporting violations under the DTSA. The agreements may include:

  • Employment agreements.
  • Independent contractor agreements.
  • Consulting agreements.
  • Separation and release of claims agreements.
  • Severance agreements.
  • Non-compete and non-solicitation agreements.

Confidentiality and proprietary rights agreements. …