We conclude by discussing our data’s implications for trade secret law and litigation, as well as commenting on the DTSA’s potential impact on the broader issues of cybersecurity and information flow within our innovation ecosystem. Other results, however, raise questions about the new law’s ability to effectively address modern cyberespionage threats, particularly from foreign actors, as well as the purpose (or lack thereof) of trade secret law more broadly. We find that, similar to state trade secrets law, the paradigm misappropriation scenario under the DTSA involves a former employee who absconds with alleged trade secrets to a competitor. The swift passage of the Defend Trade Secrets Act of 2016 (DTSA) proves this statement. Based upon an original dataset of nearly 500 newly-filed DTSA cases in federal court, we analyze whether the law is beginning to meet its sponsors’ stated goals of creating more robust and efficient litigation vehicles for trade secret misappropriation victims, thereby helping protect valuable American intellectual property assets. In this study, we examine publicly-available docket information and pleadings to assess how private litigants have been utilizing the DTSA.

Trade secrecy provides an avenue to protect a company’s. A goal of the DTSA is to provide a single, national standard. The DTSA allows an owner of a trade secret to sue in federal court when seeking relief for trade secret misappropriation related to a product or service in interstate or foreign commerce, and does not preempt any state law. 381, provided that: 'The amendments made by this section amending this section and sections 18 of this title shall apply with respect to any misappropriation of a trade secret (as defined in section 1839 of title 18, United States Code, as amended by this section) for which any act. The DTSA represents the most significant expansion of federal involvement in intellectual property law in at least 30 years. With the passage of the Defend Trade Secrets Act of 2016 DTSA, trade secret litigation has moved to the front of intellectual IP law. The Defend Trade Secrets Act (DTSA) was enacted in 2016. This article represents the first comprehensive empirical study of the Defend Trade Secrets Act (“DTSA”), the law enacted by Congress in 2016 that created a federal civil cause of action for trade secret misappropriation.

Defend trade secrets act of 2016