The Defendant Trade Secrets Act of 2016 ("DTSA"), was
signed into law by President Obama on May 11, 2016. The new statute
creates broad private federal cause of action for trade secret
misappropriation and has been hailed as "the most sweeping
change to the nation's intellectual property laws in a
generation or more."1 Under DTSA, relief not
generally available under prior law will now be permitted, such as
ex parte seizure orders. DTSA also includes new
requirements, such as the requirement that employers provide
employees with notice of immunities available under DTSA in order
to preserve their rights to certain relief. Accordingly, clients
need to review their current policies and procedures, not only to
ensure compliance with DTSA requirements, but to maximize the
enforceability of trade secrets as part of their overall IP
protection strategy.
