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With DTSA, trade secrets finally get federal protection

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in Employment Law,Human Resources

Earlier this year, Congress enacted the Defend Trade Secrets Act of 2016 (DTSA). Employers now have a uniform federal law to help them pursue trade secret misappropriation claims.

While most states follow the Uniform Trade Secrets Act (UTSA), trade secret law varies from state to state. This can present challenges to multi-state employers and any company that conducts business across state lines.

The DTSA creates a new federal cause of action for misappropriation of trade secrets.

Key features of the DTSA

The DTSA provides uniform definitions for “trade secrets” and “misappropriation” that are generally consistent with UTSA but with a few differences. It allows for a civil action in federal courts, providing a uniform set of procedural and evidentiary rules—the Federal Rules of Civil Procedure and Rules of Evidence.

The law allows for the seizure of trade secrets from an alleged misappropriator without notice or an evidenti...(register to read more)

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