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The new, long-anticipated Defend Trade Secrets Act of 2016 ("DTSA") was enacted on May 11, 2016. The Act, inter alia, creates a Federal cause of action for trade secret misappropriation that largely mirrors the current state of the trade secrets law under the Uniform Trade Secrets Act ("UTSA, which has been adopted by 48 states.
The DTSA uses a similar definition of trade secrets as the UTSA as well as a three-year statute of limitations, and it authorizes remedies similar to those found in current state laws., among other provisions.
There are three essential and key features of the DTSA. The first is the creation of a Federal private right of action for trade secret misappropriation. The second is the availability of ex parte civil seizure of property necessary to prevent the propaganda or dissemination of trade secrets. The third is a requirement that employers provide notice to employees of their immunities under the DTSA for making confidential disclosures to the government, in court filings, or in connection with whistleblower retaliation claims by employees against their employers.
Businesses should consider at least four(40 responses to the DTSA :
- Update their employment and confidentiality agreements to disclose the whistleblower immunity provisions in the DTSA.
- Reevaluate their tolerance for bringing trade secrets claims.
- Inventory their trade secrets and evaluate the protections in place to maintain the confidentiality of those secrets.
- Development response plans for suspended misappropriation and for receiving a seizure order.
[ For an initial courtesy consultation, contact the Maryland-based national law offices of Charles Jerome Ware, LLC at (410) 730-5016 or (410) 720-6129. ]
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