In the wake of President Obama’s signing into law the Defend Trade Secrets Act (“DTSA”) on May 11, 2016, companies will want to revisit their practices for protecting their trade secrets, especially in the employee/HR context.  The DTSA expands the body of trade secrets law, an area that has traditionally been the subject only of state law, by creating a federal civil cause of action for trade secret misappropriation.  The Act provides for injunctive relief and compensatory damages, and, if a trade secret is “willfully and maliciously misappropriated,” exemplary damages and attorney’s fees.  The legislation enables trade secret owners to protect their innovations by seeking redress in federal court, in the same way that owners of other forms of intellectual property, including copyrights, patents, and trademarks, can seek remedies in federal court for violations of their rights.
Continue Reading Implications of the Defend Trade Secrets Act for Employers