In the context of mergers and acquisitions within the telecommunications industry, a buyer’s due diligence of the proposed transaction is of paramount importance.
Within the telecommunications industry, companies’ financial and operational
transactions are separated into accounts and recorded in companies’ continuing property records
(“CPR”). Certain natural groupings of these transactions are often referred to as transaction
cycles, business processes, functions, or activities. The concept, however, is the same in each
case (i.e., the natural groupings represent what happens within the company on a consistent and
continuing basis).
The Defend Trade Secrets Act of 2016 (“DTSA”) affords trade secret owners a federal cause of action for trade secret misappropriation occurring on or subsequent to its effective date of May 11, 2016, if, the trade secret is “related to a product or service used in, or intended for use in, interstate or foreign commerce.”