Companies should update their employee invention assignment agreements and contractor agreements in light of the new federal Defend Trade Secrets Act ("DTSA") (summarized previously here). The DTSA requires employers to provide notice of whistleblower immunity in any contract or agreement with an employee or independent contractor that governs the use of trade secret or other confidential information if the employer wishes to avail itself of the ability to recover exemplary damages and attorneys' fees (among other benefits) under the DTSA. We recommend consulting with counsel to discuss how to best implement these changes.
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