ARTICLE
30 September 2016

Explaining The Defend Trade Secrets Act

M
Mintz

Contributor

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private equity, sustainable energy, and technology. The world’s most innovative companies trust Mintz to provide expert advice, protect and monetize their IP, negotiate deals, source financing, and solve complex legal challenges. The firm has over 600 attorneys across offices in Boston, Los Angeles, Miami, New York, Washington, DC, San Francisco, San Diego, and Toronto.
Businesses should be aware of the salient provisions of the DTSA in order to adequately prepare to employ its protections.
United States Intellectual Property

Three attorneys from Mintz Levin's IP and Employment practices are featured writers in the American Bar Association's Business Law Today publication, explaining the ins-and-outs of the Defend Trade Secrets Act (DTSA). For the first time, the DTSA gives American companies the opportunity to protect against and remedy misappropriation of important proprietary information in federal court.

Businesses should be aware of the salient provisions of the DTSA in order to adequately prepare to employ its protections. This article discusses these provisions, which include:

  1. the impact of instituting a uniform statute to be applied nationwide in federal court, where previously, companies seeking redress for trade-secret misappropriation had no choice but to sue in state court
  2. the now uniform definitions for the critical terms "trade secret" and "misappropriation", as provided by the DTSA
  3. the new civil seizure mechanism
  4. the whistle blower immunity provision

To read the full article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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