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ARTICLE · 03 MAY 2016

Full House Passes Defend Trade Secrets Act

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On April 27, the full House of Representatives passed the federal Defend Trade Secrets Act ("the Act") by an overwhelming vote of 410-2.

United StatesIntellectual Property
Regina Vogel Culbert
Regina Vogel Culbert
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On April 27, the full House of Representatives passed the federal Defend Trade Secrets Act ("the Act") by an overwhelming vote of 410-2. As we have previously blogged, the Act is likely to be signed by the president and become law for any trade secret misappropriation that occurs after the Act is passed. In the coming weeks, we will provide in-depth analysis of the Act's provisions and the changes that will need to be made to written employment policies, nondisclosure policies, and litigation strategy. Here are some of the key points:

  • The Act provides a federal civil remedy for misappropriation of trade secrets. There is no amount in controversy threshold.
  • The Act allows ex parte seizure in "extraordinary circumstances," which are undefined. These are carried out by federal law enforcement under strict parameters that must be contained in the seizure order, and without the physical presence of the applicant, or of state or local authorities, unless allowed by

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