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ARTICLE · 14 AUGUST 2018

Defend Trade Secrets Act vs. Uniform Trade Secrets Act: Reasonable Security Measures As Objective Or Subjective?

Holland & Knight
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The Uniform Trade Secrets Act (UTSA), a model law governing civil actions for trade secret misappropriation that was first published more than 30 years ago

United StatesIntellectual Property
Seth J. Welner
Seth J. Welner
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Seth Welner is an Associate and John Marra is a Law Clerk in the West Palm Beach office

The Uniform Trade Secrets Act (UTSA), a model law governing civil actions for trade secret misappropriation that was first published more than 30 years ago, has helped to protect trade secrets in the numerous states that adopted it. In 2016 the Federal Government adopted a similar set of laws under the Defend Trade Secrets Act (DTSA), codified at 18 U.S.C. §1831-1839. The UTSA and the DTSA are similar but differ in some key respects. This post addresses one apparent distinction regarding reasonable security measures that, upon closer examination, is likely a distinction without a difference. 

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