Uniform Trade Secrets Act Sample Clauses

Uniform Trade Secrets Act. If Executive breaches any provision of Section 6 of this Agreement, the Company shall have the right to invoke any and all remedies provided under the California Uniform Trade Secrets Act (California Civil Code §§3426, et seq.) or other statutes or common law remedies of similar effect.
Uniform Trade Secrets Act. If Recipient breaches any provision of this Agreement, Company shall have the right to invoke any and all remedies provided under the California Uniform Trade Secrets Act (California Civil Code §§3426, et seq.) or other statutes or common law remedies of similar effect, but without diminishing Company’s right to claim and recover damages, or to seek and obtain any other remedy or relief, from Recipient.
Uniform Trade Secrets Act. Before 1979, protection of trade secrets was established through common law9. This created two main problems. Firstly, as no two cases are the same, there was a large uncertainty regarding what could be designated as a trade secret, what would constitute misappropri- ation and the size of the remedies in case a misappropriation has been found10. Secondly, trade secret protection varied substantially across U.S. states, creating a further uncertainty whenever sides were not established in the same state. This problem has become even larger when Supreme Court has ruled that state courts cannot use decisions made by federal courts as common law in Erie Railroad Co. v. Tompkins (1938) case. This landmark decision meant each state could only rely on the decisions made by their own courts, removing the only possible unifying body from the picture11.9Common law, as opposed to statutory law, does not rely on an explicit set of rules set by lawmakers.Instead, it uses decisions made in previous court cases to reach new decisions.10”... even in states in which there has been significant litigation, there is undue uncertainty concerning the parameters of trade secret protection, and the appropriate remedies for misappropriation of a trade secret.”, UTSA Prefatory Note (1985).11Edward S. Rogers, who was chairman of the board of executives of Sterling Drug Co. and a member of LawyersAdvisory Committee of U.S. Trademark Association would later say “Nobody knew what the lawIn order to deal with these problems, American Law Institute has published several ’Re- statements of Torts’, which were a small number of rules that summarized the general theme of previous decisions. However, the statements were necessarily vague where uncertainty was the highest and had no legal binding on how courts were going to decide. Furthermore, there were two important missing points that would make Restatement of Torts unfit for dealings between PBS firms and their clients. First, it required the data to be illegally appropriated. Second, the accused party had to be in direct competition with the plaintiff. Neither of these requirements would be satisfied in general between PBS firms and their clients.After a lengthy lawmaking process, UTSA has been proposed in 1979. Each state has to opt-in to use UTSA for it to be effective in state courts. Minnesota, Idaho, Arkansas, Kansas, and Louisiana were the first states to adopt it in 1980, where UTSA became effective in 1981. By 1988, 26 states h...
Uniform Trade Secrets Act. 1985), National Conference of Commissioners on Uniform State Laws (US), Approved by the American Bar Association, 11 February 1986<https://www.wipo.int/edocs/lexdocs/laws/en/us/us034en.pdf>.

Related to Uniform Trade Secrets Act

  • Defend Trade Secrets Act Executive is hereby notified in accordance with the Defend Trade Secrets Act of 2016 that Executive will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (a) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. If Executive files a lawsuit for retaliation against the Company for reporting a suspected violation of law, Executive may disclose the Company’s trade secrets to Executive’s attorney and use the trade secret information in the court proceeding if Executive files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order.

  • Family Medical Leave Act (FMLA). The parties acknowledge applicability of the federal Family Medical Leave Act (FMLA) to employees represented by the Union. The parties further agree to the following provisions in the administration of the FMLA.

  • Family Medical Leave Act (FMLA A. The State acknowledges its commitment to comply with the spirit and intent of the leave entitlement provided by the FMLA and the California Family Rights Act (CFRA) referred to collectively as “FMLA”. The State and the Union recognize that on occasion it will be necessary for employees of the State to take job protected leave for reasons consistent with the FMLA. As defined by the FMLA, reasons for an FMLA leave may include an employee’s serious health condition, for the care of a child, spouse, domestic partner (as defined in Family Code section 297), or parent who has a serious health condition, and/or for the birth or adoption of a child.

  • Trade Secrets With respect to each Trade Secret, the documentation relating to such Trade Secret is current, accurate, and sufficient in detail and content to identify and explain it and to allow its full and proper use without reliance on the knowledge or memory of any individual. The Company has taken all reasonable precautions to protect the secrecy, confidentiality, and value of its Trade Secrets. The Company has good title and an absolute (but not necessarily exclusive) right to use the Trade Secrets. The Trade Secrets are not part of the public knowledge or literature, and, to the Company’s knowledge, have not been used, divulged, or appropriated either for the benefit of any Person (other the Company) or to the detriment of the Company. No Trade Secret is subject to any adverse claim or has been challenged or threatened in any way.

  • Privacy Act To protect Customer Information (as defined below) and to comply as may be necessary with the requirements of the Gramm-Leach-Bliley Act, the relevant state and federal regulations pursuant thereto and state privacy laws, the parties wish to include the confidentiality and non-disclosure obligations set forth herein.