If you are a regular reader of TSW, you know
we have been monitoring developments relating to the
Defend Trade Secrets Act of 2016 (DTSA). While the
Northern District of California was the first court to enter a
written opinion under the DTSA, case law is continuing to develop
across the country, including in the First Circuit.
Last month the District of Massachusetts ruled against an
employee, Timothy Loftus, who attempted to use the immunity
provision of the DTSA to dismiss the trade secret misappropriation
complaint against him. In the case, Unum Group v. Loftus, No.
16-cv-40154-TSH (D. Mass. Dec. 6, 2016), Unum Group accused
Loftus of misappropriation of trade secrets in violation of the
DTSA and state law after video surveillance showed Loftus leaving
their offices after hours on multiple occasions carrying boxes of
documents out of the building. In his defense, Loftus did not deny
that he removed documents from the building without authorization
or that the
