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ARTICLE · 01 JULY 2016

Employment, Labor & Benefits Update - May 2016

Masuda, Funai, Eifert & Mitchell, Ltd.
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With President Barack Obama expected to sign the Defend Trade Secrets Act ("DTSA") in the near future, the DTSA is about to become law.

United StatesEmployment and HR

New Act, New Remedies: DTSA To Provide Additional Protection for Trade Secret Owners and Whistleblowers

By Nancy Sasamoto

With President Barack Obama expected to sign the Defend Trade Secrets Act ("DTSA") in the near future, the DTSA is about to become law. Under the DTSA, trade secrets owners will, for the first time, have the right to file suit in federal court for misappropriation of trade secrets, as well as pursue other new remedies. Currently, trade secrets protection is a matter of state law with all states, except New York and Massachusetts, having adopted some version of the Uniform Trade Secrets Act ("UTSA"). The DTSA will not preempt state law, but is intended to provide a unified legal framework to protect trade secrets from misappropriation by employees, as well as foreign actors.

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