Sec. 7. Immunity from liability for confidential disclosure of a trade secret to the government or in a court filing
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/bill/114/s/1890/rh/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1833 of title 18, United States Code, is amended— by striking This chapter and inserting
(a); In general .—This chapter in subsection (a)(2), as designated by paragraph (1), by striking the reporting of a suspected violation of law to any governmental entity of the United States, a State, or a political subdivision of a State, if such entity has lawful authority with respect to that violation and inserting the disclosure of a trade secret in accordance with subsection
(b); and by adding at the end the following: 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— 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. 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— files any document containing the trade secret under seal; and does not disclose the trade secret, except pursuant to court order. An employer shall provide notice of the immunity set forth in this subsection in any contract or agreement with an employee that governs the use of a trade secret or other confidential information. An employer shall be considered to be in compliance with the notice requirement in subparagraph
(A)if the employer provides a cross-reference to a policy document provided to the employee that sets forth the employer's reporting policy for a suspected violation of law. If an employer does not comply with the notice requirement in subparagraph (A), the employer may not be awarded exemplary damages or attorney fees under subparagraph
(C)or
(D)of section 1836(b)(3) in an action against an employee to whom notice was not provided. This paragraph shall apply to contracts and agreements that are entered into or updated after the date of enactment of this subsection. For purposes of this subsection, the term employee includes any individual performing work as a contractor or consultant for an employer. Except as expressly provided for under this subsection, nothing in this subsection shall be construed to authorize, or limit liability for, an act that is otherwise prohibited by law, such as the unlawful access of material by unauthorized means. . Section 1838 of title 18, United States Code, is amended by striking This chapter and inserting Except as provided in section 1833(b), this chapter .