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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