On May 11, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which received rare support across party lines, passing Congress unanimously in the Senate and by a vote of 410-2 in the House of Representatives.
Overview -
Currently, trade secrets are protected at the state level, and private claims for misappropriation of trade secrets are state law claims. Nearly all states have adopted a version of the Uniform Trade Secrets Act (only New York and Massachusetts protect trade secrets under common law), generally aligning the trade secret definition across states, but important differences between state laws and their application have developed, especially regarding remedies for misappropriation.
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