New Statutes Protecting Employer Secrets

Minneapolis Business Litigation Attorney Michael Glover discusses new statutes that helps employers protect their secrets.

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There is one. One that kind of came a little bit out of the blue to most employment lawyers for the most part. It’s called the Defending Trade Secrets Act of 2016. And it provides significant protection for employers and businesses to protect their confidential business information and trade secrets. There are three important parts of that new statute that provide protection that didn’t previously exist. One is federal court jurisdiction, which is vastly superior to state court jurisdiction in general.

The second is the authority to get an order, an ex parte order, meaning an order from the court without much notice to the other side to prevent further dissemination of trade secret information. And the third part is punitive damages if the person who has breached that confidentiality provision to be able to pay more than actual damages, can pay a certain amount of almost unlimited punitive damages. The important part of that act is you just don’t automatically get it. You have to provide a notice of sort in writing to the person that you want to enforce it against in advance obviously of the breach of the confidentiality.

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