The Defend Trade Secrets Act of 2016

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Responding to U.S. Chamber estimated annual losses to foreign thieves of $300 billion of trade secrets and 2.1 million jobs, in April, Congress voted nearly unanimously (Senate 87-0, House 410-2) to enact the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA allows “trade secret” owners to avail of federal court, including its powers to compel discovery nationwide and a new power to seize trade secret contraband ex parte (without notice), where the trade secret is “misappropriated” and “is related to a product or service used in, or intended for use, in interstate or foreign commerce.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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