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ARTICLE · 25 APRIL 2018

Defend Trade Secrets Act First: Claim Tossed Based On Whistleblower Immunity

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In what appears to be a first under the DTSA, a United States District Judge has thrown out claims against an alleged trade secret thief on the basis of the DTSA's immunity for confidential disclosures to attorneys...

United StatesIntellectual Property
Scott E. Atkinson
Scott E. Atkinson
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In what appears to be a first under the Defend Trade Secrets Act ("DTSA"), a United States District Judge has thrown out claims against an alleged trade secret thief on the basis of the DTSA's immunity for confidential disclosures to attorneys in the course of investigating a suspected violation of the law. Christian v. Lannett Co., Inc., No. 16-cv-00963-CDJ, 2018 WL 1532849 (E.D. Pa. Mar. 29, 2018).

Certain Trade Secret Disclosures to Attorneys or the Government Are Protected

The DTSA exempts from both criminal and civil liability any trade secret disclosure made in confidence to a federal, state, or local official or to an attorney if the disclosure is made "solely for the purpose of reporting or investigating a suspected violation of law." 18 U.S.C. § 1833(b)(1).

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