Common use of Trade Secrets/Defend Trade Secrets Act Clause in Contracts

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) is intended to discourage Xxxxx from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) shall limit, curtail or diminish the Xxxxxxx Petroleum’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 2 contracts

Samples: Employment Agreement (Whiting Petroleum Corp), Executive Employment and Severance Agreement (Whiting Petroleum Corp)

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Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Executive of any duty not to disclose, use, use or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) is intended to discourage Xxxxx Executive from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. An individual shall not be held criminally or civilly liable under any Federal federal or State state trade secret law for the disclosure of a trade secret that: (A) is made (1) in confidence to a Federalfederal, State, state or local government official, either directly or indirectly, or to an attorney; attorney and (2) solely for the purpose of reporting or investigating a suspected violation of law; law or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. b. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; seal and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) shall limit, curtail or diminish the Xxxxxxx Petroleum’s Xxxxxxx’x statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 2 contracts

Samples: Executive Employment and Severance Agreement (Whiting Petroleum Corp), Executive Employment and Severance Agreement (Whiting Petroleum Corp)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any my Severance Agreement or any prior agreement on confidentiality to which Xxxxx I may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx me of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) is intended to discourage Xxxxx me from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 2 contracts

Samples: Separation Agreement (SB/RH Holdings, LLC), Separation Agreement (SB/RH Holdings, LLC)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Jxx of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) is intended to discourage Xxxxx Jxx from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (a) An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal.. 1 hxxxx://xxxxxx.xxx/xxxxxxx-us/facilities/ b. (b) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Employment Agreement (Douglas Dynamics, Inc)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Executive of any duty not to disclose, use, use or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) is intended to discourage Xxxxx Executive from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. An individual shall not be held criminally or civilly liable under any Federal federal or State state trade secret law for the disclosure of a trade secret that: (A) is made (1) in confidence to a Federalfederal, State, state or local government official, either directly or indirectly, or to an attorney; attorney and (2) solely for the purpose of reporting or investigating a suspected violation of law; law or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. b. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; seal and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) shall limit, curtail or diminish the Xxxxxxx Petroleum’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Executive Employment and Severance Agreement (Whiting Petroleum Corp)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or my Employment Agreement or any prior agreement on confidentiality to which Xxxxx I may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx me of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) is intended to discourage Xxxxx me from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall not be held criminally or civilly liable under any Federal federal or State state trade secret law for the disclosure of a trade secret that: (A) is made (1) in confidence to a Federalfederal, Statestate, 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Separation Agreement (SB/RH Holdings, LLC)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or my Employment Agreement or any prior agreement on confidentiality to which Xxxxx I may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx me of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) is intended to discourage Xxxxx me from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Separation Agreement (SB/RH Holdings, LLC)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may Xxx xxx be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Bob of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may Xxx xxx be subject) is intended to discourage Xxxxx him from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may Xxx xxx be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Retirement and Transition Agreement (Douglas Dynamics, Inc)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Lxxxx may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Lxxxx of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Lxxxx may be subject) is intended to discourage Xxxxx her from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Lxxxx may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Separation Agreement (Douglas Dynamics, Inc)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Rimer of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) is intended to discourage Xxxxx from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx may be subject) shall limit, curtail or diminish the Xxxxxxx Petroleum’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Executive Employment and Severance Agreement (Whiting Petroleum Corp)

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Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx EMPLOYEE may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx EMPLOYEE of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx EMPLOYEE may be subject) is intended to discourage Xxxxx him from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx EMPLOYEE may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCOMPANY’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Separation Agreement (Kontoor Brands, Inc.)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Xxxxxxxxxxx may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Xxxxxxxxxxx of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Xxxxxxxxxxx may be subject) is intended to discourage Xxxxx him from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Xxxxxxxxxxx may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Severance Agreement (Manitowoc Co Inc)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Executive of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) is intended to discourage Xxxxx Executive from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Executive may be subject) shall limit, curtail or diminish the Xxxxxxx Petroleum’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Employment Agreement (Whiting Petroleum Corp)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Xxxxxxxx may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx Xxxxxxxx of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Xxxxxxxx may be subject) is intended to discourage Xxxxx Xxxxxxxx from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. An individual shall 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx Xxxxxxxx may be subject) shall limit, curtail or diminish the Xxxxxxx Petroleum’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Employment Agreement (Whiting Petroleum Corp)

Trade Secrets/Defend Trade Secrets Act. Nothing in this Agreement (or my Severance Agreement or any prior agreement on confidentiality to which Xxxxx I may be subject) diminishes or limits any protection granted by law to trade secrets or relieves Xxxxx me of any duty not to disclose, use, or misappropriate any information that is a trade secret, for as long as such information remains a trade secret. Additionally, nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) is intended to discourage Xxxxx me from reporting any theft of trade secrets to the appropriate government official pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”) or other applicable state or federal law. Additionally, under the DTSA, a trade secret may be disclosed to report a suspected violation of law and/or in an anti-retaliation lawsuit, as follows: a. (i) An individual shall not be held criminally or civilly liable under any Federal federal or State state trade secret law for the disclosure of a trade secret that: (A) is made (1) in confidence to a Federalfederal, Statestate, 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 filed in a lawsuit or other proceeding, if such filing is made under seal. b. (ii) An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual: (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement (or any prior agreement on confidentiality to which Xxxxx I may be subject) shall limit, curtail or diminish the Xxxxxxx PetroleumCompany’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: Separation Agreement (SB/RH Holdings, LLC)

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