Last month, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law, which permits plaintiffs to bring civil claims for misappropriation of trade secrets in federal court.  While trade secret theft has been a federal crime since 1996, civil claims for such theft were, until now, generally available only through the state courts.  That state-level…

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Most employee handbooks are nearly identical to each other, regardless of the industry, workforce size or the jurisdictions in which business is conducted. Very little thought is given to the purpose behind these policies, how they impact and reflect your corporate culture and what they are designed to actually accomplish. At best, most companies slightly…

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Because of California’s employee-friendly laws on agreements containing restrictive covenants, whenever possible, employers include foreign state choice of law and forum selection provisions.  This frequently leads to a proverbial “race to the courthouse” with the first filing party arguing that its case should be heard and the later filed case stayed or dismissed.  This artifice…

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