statute

Polish translation: ustawa

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:statute
Polish translation:ustawa
Entered by: Frank Szmulowicz, Ph. D.

17:56 Dec 30, 2016
English to Polish translations [PRO]
Law/Patents - Law (general)
English term or phrase: statute
Answer to a complaint

Plaintiff cannot recover punitive damages or reasonable attorney fees against Defendant on its Defense of Trade Secrets Act claim because it failed to provide him with the notice of the immunity provisions contained in the statute.

Does "statute" refer to the DFTA?
Dariusz Saczuk
United States
ustawa
Explanation:
DTSA contains immunity provisions.

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The DTSA provides for whistleblower protection and correspondingly requires businesses to include certain whistleblower immunity notifications to employees, contractors, and consultants. The DTSA contains a provision requiring businesses to include an express, written whistleblower immunity notification for specific types of trade secrets disclosures in all agreements with employees, contractors, or consultants who perform work for the business that govern the use of a trade secret or other confidential information. This notification operates as an immunity provision that serves to protect individuals from both criminal and civil liability for disclosing a trade secret if made in confidence to a government official or attorney, so long as the disclosure is made for the purposes of reporting a violation of the law. The immunity notification can be either directly incorporated in the agreement or by cross reference to a separate policy document provided to the individual. This requirement applies only to agreements entered into on or after May 11, 2016. In other words, the DTSA does not mandate businesses to amend or supplement agreements that were executed before the DTSA was enacted into law. The following is proposed language to include in these agreements:

I understand that nothing in this Agreement prohibits me from reporting to any governmental authority information concerning possible violations of law or regulation and that I may disclose trade secret information to a government official or to an attorney and use it in certain court proceedings without fear of prosecution, liability, or retaliation, provided I do so in compliance with 18 U.S.C. § 1833.

A business’s adherence to the immunity notification requirement is critical, as failing to include such an immunity disclosure will foreclose the business from obtaining exemplary damages or attorneys’ fees (two of the most powerful remedies) under the DTSA against an employee, contractor, or consultant to whom such notification was not provided.

http://www.gordonrees.com/publications/2016/the-defense-of-t...
Selected response from:

Frank Szmulowicz, Ph. D.
United States
Local time: 00:07
Grading comment
Thank you, Frank.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1ustawa
Frank Szmulowicz, Ph. D.


  

Answers


8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
ustawa


Explanation:
DTSA contains immunity provisions.

ccccc
The DTSA provides for whistleblower protection and correspondingly requires businesses to include certain whistleblower immunity notifications to employees, contractors, and consultants. The DTSA contains a provision requiring businesses to include an express, written whistleblower immunity notification for specific types of trade secrets disclosures in all agreements with employees, contractors, or consultants who perform work for the business that govern the use of a trade secret or other confidential information. This notification operates as an immunity provision that serves to protect individuals from both criminal and civil liability for disclosing a trade secret if made in confidence to a government official or attorney, so long as the disclosure is made for the purposes of reporting a violation of the law. The immunity notification can be either directly incorporated in the agreement or by cross reference to a separate policy document provided to the individual. This requirement applies only to agreements entered into on or after May 11, 2016. In other words, the DTSA does not mandate businesses to amend or supplement agreements that were executed before the DTSA was enacted into law. The following is proposed language to include in these agreements:

I understand that nothing in this Agreement prohibits me from reporting to any governmental authority information concerning possible violations of law or regulation and that I may disclose trade secret information to a government official or to an attorney and use it in certain court proceedings without fear of prosecution, liability, or retaliation, provided I do so in compliance with 18 U.S.C. § 1833.

A business’s adherence to the immunity notification requirement is critical, as failing to include such an immunity disclosure will foreclose the business from obtaining exemplary damages or attorneys’ fees (two of the most powerful remedies) under the DTSA against an employee, contractor, or consultant to whom such notification was not provided.

http://www.gordonrees.com/publications/2016/the-defense-of-t...

Frank Szmulowicz, Ph. D.
United States
Local time: 00:07
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 1316
Grading comment
Thank you, Frank.

Peer comments on this answer (and responses from the answerer)
agree  mike23
39 mins
  -> I am still working on earning my legal "spurs" from you, sahib.
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