Common use of Defend Trade Secrets Act Clause in Contracts

Defend Trade Secrets Act. Misappropriation of a Trade Secret of the Company in breach of this Agreement may subject the Executive to liability under the DTSA, entitle the Company to injunctive relief, and require the Executive to pay compensatory damages, double damages, and attorneys’ fees to the Company. Notwithstanding any other provision of this Agreement, the Executive hereby is notified in accordance with the DTSA that the Executive will not be held criminally or civilly liable under a federal or state law for the disclosure of a trade secret that is made in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. If the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the trade secret to the Executive’s attorney and use the trade secret information in the court proceeding, provided that the Executive must file any document containing the trade secret under seal, and must not disclose the trade secret, except pursuant to court order.

Appears in 21 contracts

Sources: Employment Agreement (Vivic Corp.), Executive Employment Agreement (JFB Construction Holdings), Executive Employment Agreement (JFB Construction Holdings)

Defend Trade Secrets Act. Misappropriation of a Trade Secret of the Company in breach of this Agreement may subject the Executive to liability under the DTSA, entitle the Company to injunctive relief, and require the Executive to pay compensatory damages, double damages, and attorneys’ fees to the Company. Notwithstanding any other provision of this Agreement, the Executive hereby is notified in accordance with the DTSA that the Executive will not be held criminally or civilly liable under a federal or state law for the disclosure of a trade secret that is made in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. If the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the trade secret to the Executive’s attorney and use the trade secret information in the court proceeding, provided that the Executive must file any document containing the trade secret under seal, and must not disclose the trade secret, except pursuant to court order.

Appears in 8 contracts

Sources: Executive Employment Agreement (Kaival Brands Innovations Group, Inc.), Executive Employment Agreement (Ispire Technology Inc.), Executive Employment Agreement (Ispire Technology Inc.)

Defend Trade Secrets Act. Misappropriation of a Trade Secret of the Company Sponsor and/or the SPAC in breach of this Agreement may subject the Executive to liability under the DTSA, entitle the Company Sponsor and/or the SPAC to injunctive relief, and require the Executive to pay compensatory damages, double damages, and attorneys’ fees to the CompanySponsor and/or the SPAC. Notwithstanding any other provision of this Agreement, the Executive hereby is notified in accordance with the DTSA that the Executive will not be held criminally or civilly liable under a federal or state law for the disclosure of a trade secret that is made in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. If the Executive files a lawsuit for retaliation by the Company Sponsor and/or the SPAC for reporting a suspected violation of law, the Executive may disclose the trade secret to the Executive’s attorney and use the trade secret information in the court proceeding, provided that the Executive must file any document containing the trade secret under seal, and must not disclose the trade secret, except pursuant to court order.

Appears in 3 contracts

Sources: Executive Employment Agreement (Sagaliam Acquisition Corp), Executive Employment Agreement (Sagaliam Acquisition Corp), Executive Employment Agreement (Sagaliam Acquisition Corp)

Defend Trade Secrets Act. Misappropriation of a Trade Secret of the Company in breach of this Agreement may subject the Executive Consultant to liability under the DTSA, entitle the Company to injunctive relief, and require the Executive Consultant to pay compensatory damages, double damages, and attorneys’ fees to the Company. Notwithstanding any other provision of this Agreement, the Executive Consultant hereby is notified in accordance with the DTSA that the Executive Consultant will not be held criminally or civilly liable under a federal or state law for the disclosure of a trade secret that is made in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. If the Executive Consultant files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive Consultant may disclose the trade secret to the ExecutiveConsultant’s attorney and use the trade secret information in the court proceeding, provided that the Executive must Consultant ust file any document containing the trade secret under seal, and must not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Sources: Independent Contractor Agreement (Kaival Brands Innovations Group, Inc.)

Defend Trade Secrets Act. Misappropriation of a Trade Secret of the Company Employer in breach of this Agreement may subject the Executive to liability under the DTSA, entitle the Company Employer to injunctive relief, and require the Executive to pay compensatory damages, double damages, and attorneys’ fees to the CompanyEmployer. Notwithstanding any other provision of this Agreement, the Executive hereby is notified in accordance with the DTSA that the Executive will not be held criminally or civilly liable under a federal or state law for the disclosure of a trade secret that is made in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. If the Executive files a lawsuit for retaliation by the Company Employer for reporting a suspected violation of law, the Executive may disclose the trade secret to the Executive’s attorney and use the trade secret information in the court proceeding, provided that the Executive must file any document containing the trade secret under seal, and must not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Sources: Executive Employment Agreement (Polomar Health Services, Inc.)

Defend Trade Secrets Act. Misappropriation of a Trade Secret of the Company in breach of this Agreement may subject the Executive Manager to liability under the DTSA, entitle the Company to injunctive relief, and require the Executive Manager to pay compensatory damages, double damages, and attorneys’ fees to the Company. Notwithstanding any other provision of this Agreement, the Executive Manager hereby is notified in accordance with the DTSA that the Executive Manager will not be held criminally or civilly liable under a federal or state law for the disclosure of a trade secret that is made in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. If the Executive Manager files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive Manager may disclose the trade secret to the ExecutiveManager’s attorney and use the trade secret information in the court proceeding, provided that the Executive Manager must file any document containing the trade secret under seal, and must not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Sources: Employment Agreement (Massimo Group)