Federal Government Poised to Amend Definition of Short-Term, Limited-Duration Insurance … (Again)
On August 7, 2025, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively “the Departments”) released a statement that they intend to undertake notice-and-comment rulemaking to reconsider the 2024 amendments to the federal regulatory definition of short-term…
What Civil Remedies are Available Under the Defend Trade Secrets Act?
October 30, 2024
by Devin R. Bates
The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure of a trade secret without consent, when the person involved: Acquired…
Is Theft of Trade Secrets a Crime Under Federal Law?
October 23, 2024
by Devin R. Bates
Is Theft of Trade Secrets a Crime Under Federal Law? Yes. In this installment, we’ll focus on the Economic Espionage Act (EEA) and the Defend Trade Secrets Act (DTSA), as well as the Computer Fraud and Abuse Act (CFAA). Theft of trade secrets is also a crime under state law. Economic Espionage Act…
What is Not a Trade Secret Under Federal Law?
October 16, 2024
by Devin R. Bates
If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used within an industry, or has become outdated. While the facts and circumstances…
What is the Definition of a Trade Secret Under Federal Law?
October 9, 2024
by Devin R. Bates
Understanding the definition of a trade secret under federal law is crucial for businesses looking to protect their valuable information. Trade secrets are also defined by state law. While there is no single, universal definition of a trade secret across all states, most states have enacted a…