A Look At Ex Parte Seizures 8 Years Post-DTSA

When the Defend Trade Secrets Act was enacted in 2016, one aspect that garnered significant attention was the ex parte seizure provision, a new remedy that allows a trade secret owner to obtain — with no opposition from an adverse party — a court order directing law enforcement to seize a defendant's property to "prevent the propagation or dissemination" of a trade secret.[1]

A few years after the DTSA's enactment, we offered some initial insights on the courts' handling of the seizure provision.[2] With four more years of decisions on the books, we are revisiting the topic to determine how jurisprudence on ex parte seizures has developed and to address any seminal cases that have issued.