Defend Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA” or the “Act”) into law.  Prior to enactment of the DTSA, the law governing trade secrets was left to the states, most of which have adopted the Uniform Trade Secrets Act.  The DTSA creates a federal cause of action for misappropriation of trade secrets, which is available in conjunction with claims under state law.  Among other forms of relief, the DTSA provides for attorneys’ fees and exemplary damages, a form of punitive damages, under certain circumstances.  An additional means of protecting trade secrets is great for employers, but the DTSA sets forth specific steps that employers must take to enjoy all of its protections.
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