Companies interested in fully protecting their valuable trade secrets should be mindful of taking the following actions:
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The DTSA requires, for companies seeking the full benefits of the new law (including the possibility of exemplary
(punitive) damages and the possible recovery of attorneys’ fees), that certain new notice must be provided to
employees. Specifically, all employee agreements setting out any obligations or restrictions regarding trade secrets
or confidential information must provide notice to the employees of the immunity provision in the DTSA relating to
lawful disclosures under the Act to a government official or attorney for the purpose of reporting possible violations of
law.
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It remains extremely important for businesses, just as it was under state law, to: 1) specifically and meaningfully
identify your trade secrets; and 2) take significant and concrete steps to protect that information, including but not
limited to labeling of trade secrets and limitation of access to that information.
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