The DTSA: Federalizing Trade Secrets, Federalizing Headaches?
The Defend Trade Secrets Act of 2016 dramatically altered the landscape of trade secret litigation by establishing federal jurisdiction. While promising greater efficiency, it also introduces new strategic considerations and potential pitfalls for businesses.
⚡ Key Takeaways
- The DTSA established federal jurisdiction for trade secret misappropriation, offering a potentially more efficient venue than state courts. 𝕏
- Businesses must update employment agreements to include whistleblower immunity provisions to be eligible for double damages and attorney fees. 𝕏
- The Act prohibits injunctions based solely on the 'inevitable disclosure' doctrine, favoring employee mobility. 𝕏
- Companies need strong internal controls and pre-planned responses to protect trade secrets and react effectively to legal actions like ex parte seizures. 𝕏
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Originally reported by IPWatchdog