Common use of Defend Trade Secrets Act Clause in Contracts

Defend Trade Secrets Act. With respect to the disclosure of a trade secret and in accordance with 18 U.S.C. § 1833, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding filed under seal so that it is not disclosed to the public. Employee is further notified that if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee may disclose the Company’s trade secrets to Employee’s attorney and use the trade secret information in the court proceeding, provided that, Employee files any document containing the trade secret under seal so that it is not disclosed to the public and does not disclose the trade secret, except pursuant to court order.

Appears in 11 contracts

Samples: Executive Compensation Agreement (KOHLS Corp), Executive Compensation Agreement (KOHLS Corp), Executive Compensation Agreement (KOHLS Corp)

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Defend Trade Secrets Act. With respect to the disclosure of a trade secret and in accordance with 18 U.S.C. § 1833, Employee Executive shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding filed under seal so that it is not disclosed to the public. Employee Executive is further notified that if Employee Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee Executive may disclose the Company’s trade secrets to EmployeeExecutive’s attorney and use the trade secret information in the court proceeding, provided that, Employee Executive files any document containing the trade secret under seal so that it is not disclosed to the public and does not disclose the trade secret, except pursuant to court order.

Appears in 5 contracts

Samples: Employment Agreement (KOHLS Corp), Employment Agreement (KOHLS Corp), Employment Agreement (KOHLS Corp)

Defend Trade Secrets Act. With respect to the disclosure of a trade secret and in In accordance with 18 U.S.C. § 1833the Defend Trade Secrets Act of 2016, Employee shall any individual performing work for IES, whether as an individual, contractor or consultant, will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (ia) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed ; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (iib) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding filed under seal so that it is not disclosed to the publicproceeding. Employee is further notified that Further, if Employee such an individual files a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, Employee he or she may disclose the Companyemployer’s trade secrets to Employee’s his or her attorney and use the trade secret information in the court proceeding, provided that, Employee proceeding if such individual; (x) files any document containing the trade secret under seal so that it is not disclosed to the public seal; and (y) does not disclose the trade secret, except pursuant to court order. Except to the extent notice of the foregoing immunities has already been given such individuals, Supplier shall notify its employees or contractors of receiving confidential information under this Agreement, of such immunities.

Appears in 5 contracts

Samples: iesgray.com, assets-global.website-files.com, uploads-ssl.webflow.com

Defend Trade Secrets Act. With respect Notwithstanding Executive’s confidentiality and nondisclosure obligations, Executive is hereby advised as follows pursuant to the disclosure of a trade secret and in accordance with 18 U.S.C. § 1833, Employee Defend Trade Secrets Act: “An individual shall not be held criminally or civilly liable under any federal Federal or state State trade secret law for the disclosure of a trade secret that: that (A) is made (i) is made in confidence to a federalFederal, stateState, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed ; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (iiB) is made in a complaint or other document filed in a lawsuit or other proceeding filed proceeding, if such filing is made under seal so that it is not disclosed to the publicseal. Employee is further notified that if Employee An individual who files a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, Employee law may disclose the Company’s trade secrets secret to Employee’s an attorney of the individual and use the trade secret information in the court proceeding, provided that, Employee if the individual (A) files any document containing the trade secret under seal so that it is not disclosed to the public seal; and (B) does not disclose the trade secret, except pursuant to court order.

Appears in 2 contracts

Samples: Separation, Consulting and General Release Agreement (Canoo Inc.), Separation, Consulting and General Release Agreement (Canoo Inc.)

Defend Trade Secrets Act. With respect Executive acknowledges and agrees that the Company will prosecute any non-confidential disclosure or misappropriation of the Company’s trade secrets to the full extent allowed by Federal, State, and common law. Executive further acknowledges and agrees that Executive has received and understands the following notice concerning immunity from liability for confidential disclosure of a trade secret and to the government or in accordance with a court filing: Pursuant to the Defend Trade Secrets Act, 18 U.S.C. § 1833, Employee an individual shall not be held criminally or civilly liable under any federal Federal or state State trade secret law for the disclosure of a trade secret that: (i) that is made (A)(1) in confidence to a federalFederal, stateState, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed and (2) solely for the purpose of reporting or investigating a suspected violation of law; , or (iiB) is made in a complaint or other document filed in a lawsuit or other proceeding filed proceeding, if such filing is made under seal so that it is not disclosed to the publicseal. Employee is further notified that if Employee files a lawsuit Additionally, an individual suing an employer for retaliation by based on the Company for reporting of a suspected violation of law, Employee law may disclose the Company’s a trade secrets secret to Employee’s his attorney and use the trade secret information in the court proceeding, provided that, Employee files so long as any document containing the trade secret is filed under seal so that it is not disclosed to and the public and individual does not disclose the trade secret, secret except pursuant to court order.

Appears in 2 contracts

Samples: Employment Agreement (Old Dominion Freight Line Inc/Va), Employment Agreement (Old Dominion Freight Line Inc/Va)

Defend Trade Secrets Act. With respect Pursuant to the disclosure Defend Trade Secrets Act of a trade secret 2016, the Company hereby provides notice and in accordance with 18 U.S.C. § 1833, Employee shall you hereby acknowledge that you may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed ; and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding filed proceeding, if such filing is made under seal so that it is not disclosed to the publicseal. Employee is further notified that In addition, if Employee files you file a lawsuit for retaliation by or other court proceeding against the Company for retaliating against you for reporting a suspected violation of law, Employee you may disclose the Company’s trade secrets secret to Employee’s the attorney representing you and use the trade secret information in the court proceeding, provided that, Employee files so long as you file any document containing the trade secret under seal so that it is not disclosed to the public and does not disclose the trade secret, except pursuant to court order.

Appears in 2 contracts

Samples: Arbitration Agreement (Ideanomics, Inc.), Arbitration Agreement (Ideanomics, Inc.)

Defend Trade Secrets Act. With respect Pursuant to the disclosure Defend Trade Secrets Act of a trade secret 2016, the Company hereby provides notice and in accordance with 18 U.S.C. § 1833, Employee shall you hereby acknowledge that you may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed ; and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding filed proceeding, if such filing is made under seal so that it is not disclosed to the publicseal. Employee is further notified that In addition, if Employee files you file a lawsuit for retaliation by or other court proceeding against the Company for retaliating against you for reporting a suspected violation of law, Employee you may disclose the Company’s trade secrets secret to Employee’s the attorney representing you and use the trade secret information in the court proceeding, provided that, Employee files so long as you file any document containing the trade secret under seal so that it is not disclosed to the public and does not disclose the trade secret, except pursuant to court order. 6.

Appears in 2 contracts

Samples: Assignment Agreement (Ideanomics, Inc.), Confidentiality and Invention Assignment Agreement (Ideanomics, Inc.)

Defend Trade Secrets Act. With respect to Executive acknowledges receipt of the disclosure of a trade secret and in accordance with 18 U.S.C. § 1833, Employee following notice under the Defend Trade Secrets Act: An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: if he/she (i) is made makes such disclosure in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information attorney and such disclosure is disclosed made solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is such disclosure was made in a complaint or other document filed in a lawsuit or other proceeding filed if such filing is made under seal so that it is not disclosed to the publicseal. Employee is further notified that if Employee Further, an individual who files a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, Employee law may disclose the Company’s employer's trade secrets to Employee’s the attorney and use the trade secret information in the court proceeding, provided that, Employee proceeding if the individual: (i) files any document containing the trade secret under seal so that it is not disclosed to the public seal; and (ii) does not disclose the trade secret, except pursuant to court order. Nothing contained herein will waive, limit or affect any rights of the Company under any applicable trade secrets laws, including Defend Trade Secrets Act of 2016, which will be enforceable separate and apart from this Agreement.

Appears in 1 contract

Samples: Employment Agreement (SmartKem, Inc.)

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Defend Trade Secrets Act. With respect Pursuant to the disclosure Defend Trade Secrets Act of a trade secret 2016, the Company hereby provides notice and in accordance with 18 U.S.C. § 1833, Employee shall Executive hereby acknowledges that Executive may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed ; and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding filed proceeding, if such filing is made under seal so that it is not disclosed to the publicseal. Employee is further notified that In addition, if Employee Executive files a lawsuit for retaliation by or other court proceeding against the Company for retaliating against Executive for reporting a suspected violation of law, Employee Executive may disclose the Company’s trade secrets secret to Employee’s the attorney representing Executive and use the trade secret information in the court proceeding, provided that, Employee so long as Executive files any document containing the trade secret under seal so that it is not disclosed to the public and does not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Samples: Employment Agreement (MICT, Inc.)

Defend Trade Secrets Act. With respect to the disclosure of a trade secret and You are hereby notified, in accordance with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 18331833(b), Employee that: (i) an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (i) that is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed solely for the purpose of reporting or investigating a suspected violation of law; or (ii) an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding filed proceeding, if such filing is made under seal so that it is not disclosed to the public. Employee is further notified that if Employee seal; and (iii) an individual who files a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, Employee law may disclose the Company’s trade secrets secret to Employee’s the attorney of the individual and use the trade secret information in the court proceeding, provided that, Employee if the individual files any document containing the trade secret under seal so that it is not disclosed to the public and does not disclose the trade secret, secret except pursuant to court order.

Appears in 1 contract

Samples: Letter Agreement (Hain Celestial Group Inc)

Defend Trade Secrets Act. With respect Pursuant to the disclosure of a trade secret and in accordance with 18 U.S.C. § 18331833(b), Employee shall will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: of the Company or any of its subsidiaries that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed Employee’s attorney and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding filed under seal so that it is not disclosed to the publicproceeding. Employee is further notified that if If Employee files a lawsuit for retaliation by the Company or any of its subsidiaries for reporting a suspected violation of law, Employee may disclose the Company’s trade secrets secret to Employee’s attorney and use the trade secret information in the court proceeding, provided that, if Employee files any document containing the trade secret under seal so that it is not disclosed to the public and does not disclose the trade secret, secret except pursuant to under court order. Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by such section.

Appears in 1 contract

Samples: Employment Agreement (Sequential Brands Group, Inc.)

Defend Trade Secrets Act. With respect to I acknowledge that I am hereby notified that under the disclosure Defend Trade Secrets Act of a trade secret and in accordance with 18 U.S.C. § 1833, Employee shall not 2016: (i) no individual will be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that(as defined in the Economic Espionage Act) that is: (iA) is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, provided that, the information is disclosed and made solely for the purpose of reporting or investigating a suspected violation of law; law or (iiB) is made in a complaint or other document filed in a lawsuit or other proceeding filed proceeding, if such filing is made under seal so that it is not disclosed to the made public. Employee is further notified that if Employee files ; and (ii) an individual who pursues a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, Employee the law may disclose the Company’s trade secrets secret to Employee’s the attorney of the individual and use the trade secret information in the court proceeding, provided that, Employee if the individual files any document containing the trade secret under seal so that it is not disclosed to the public seal, and does not disclose the trade secret, except pursuant to as permitted by court order.

Appears in 1 contract

Samples: Employment Agreement (Jernigan Capital, Inc.)

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