Category Archives: Uncategorized

The Federal Trade Secrets Act is now law: What Businesses Need to Know

On May 11, 2016, the Defend Trade Secrets Act of 2016 (DTSA) officially became law and created, for the first time, a federal private civil cause of action for the misappropriation of trade secrets.  Trade secrets include confidential, commercially valuable information intended to provide competitive advantage. Prior to this new law, civil actions for trade secret misappropriation were governed solely by state law. This state-by-state approach was viewed by some as inadequate because it led to unpredictability.  That is, what might qualify as a trade secret and receive legal protection in one state might not in another.  The DTSA is […]


We are getting close.  Mercifully, we will get a respite from the onslaught of political ads that have haunted us morning, noon and night since summer drew to a close. Yes, Election Day 2014, Tuesday, November 4, is nearly upon us.  Businesses should take a moment to review their policies and procedures and make sure that they understand laws concerning employee voting rights.  Similarly, employees should understand the extent of their rights and how to properly exercise them. The amount of time that employees are entitled to take in connection with voting varies, not surprisingly, from state to state.  Some impose no […]

Software Licensing – Yes, You Can Negotiate –
Here is The How and The What.

One of the functions of this blog is to address issues that arise with some frequency in practice, or those that arise from time to time with frustrating results.  Enter the acquisition of major software licenses or IT systems that play a large role in the operation of a business.  The majority of negotiations concerning software licenses or information technology related agreements (“Software Agreements” for this note) start with the vendor’s pre-printed terms and conditions or the standard “form” agreement. Both sides are afraid to negotiate.  Customers (or licensees) wrongly think that they must sign the standard contract presented or do […]

Full Disclosure: Here is what you need to know
about Non-Disclosure Agreements.

For many new and emerging businesses an idea is their most valuable asset. To turn that idea into a money generating business operation, they will have to share it with other people and organizations. For example, they will disclose it to potential investors, consultants, partners, counselors and anyone else that might help the company get off the ground and succeed. Many people, and most entrepreneurs, have heard of non-disclosure agreements and are vaguely familiar with their purpose and function. There are hundreds if not thousands of non-disclosure agreement documents that can be downloaded online for free or for a fee […]