Common use of Notice of Immunity Under the Defend Trade Secrets Act of 2016 Clause in Contracts

Notice of Immunity Under the Defend Trade Secrets Act of 2016. Notwithstanding any other provision of this Agreement: The Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that is made: (1) 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 (2) in a complaint or other document that is filed under seal in a lawsuit or other proceeding. If the Executive files a lawsuit for retaliation by the Executive for reporting a suspected violation of law, the Executive may disclose the Employer’s trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive: (1) files any document containing the trade secret under seal; and (2) does not disclose the trade secret, except pursuant to court order.

Appears in 2 contracts

Samples: Separation Agreement (Mbia Inc), Separation Agreement (Mbia Inc)

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Notice of Immunity Under the Defend Trade Secrets Act of 2016. Notwithstanding any other provision of this Agreement: The Executive Agreement and General Release to the contrary, Employee will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that is made: made (1i) 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 (2ii) in a complaint or other document that is filed under seal in a lawsuit or other proceeding. If the Executive Employee files a lawsuit for retaliation by the Executive Employer for reporting a suspected violation of law, the Executive Employee may disclose the Employer’s trade secrets to the ExecutiveEmployee’s attorney and use the trade secret information in the court proceeding if the Executive: (1) Employee files any document containing the trade secret under seal; seal and (2) does not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Samples: Letter Agreement (KAMAN Corp)

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Notice of Immunity Under the Defend Trade Secrets Act of 2016. Notwithstanding any other provision of this Agreement: The Executive Employee will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that is made: (1) 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 (2) in a complaint or other document that is filed under seal in a lawsuit or other proceeding. If the Executive Employee files a lawsuit for retaliation by the Executive Employer for reporting a suspected violation of law, the Executive Employee may disclose the Employer’s 's trade secrets to the Executive’s Employee's attorney and use the trade secret information in the court proceeding if the ExecutiveEmployee: (1) files any document containing the trade secret under seal; and (2) does not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Samples: Separation and Release Agreement (BeyondSpring Inc.)

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