Emerging trends in U.S. Defend Trade Secrets Act litigation

U.S. Congress created the first statutory private federal cause of action for trade secret misappropriation when it enacted the Defend Trade Secrets Act (DTSA) on May 11, 2016.  Now, more than a year since its enactment, the DTSA is being shaped and interpreted by various federal court decisions and enforcement trends are emerging.

These new trends in DTSA litigation include how federal courts have:
(1) interpreted DTSA claims premised on theories of continuing misappropriation;
(2) required a connection between alleged trade secrets and interstate commerce; and
(3) applied the inevitable disclosure doctrine to DTSA claims.

By being mindful of these trends and continuing to monitor DTSA cases, employers throughout the United States can better protect their intellectual property rights.

For additional information on these growing trends in DTSA litigation, click here to read our alert titled Emerging Trends in Defend Trade Secrets Act Litigation.

By Tara C. Clancy, April Boyer and Michael R. Creta

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