On Feb. 27, 2017, a federal jury in Pennsylvania returned the
first verdict under the Defend Trade Secrets Act of 2016 and
awarded what may amount to be more than $5 million in damages to
the plaintiff, the creator and owner of a proprietary fig spread.
The case is notable not merely for being the first verdict under
the newest amendment to the Economic Espionage Act; it also stands
as a reminder of the potent remedies afforded to American companies
seeking to protect their trade secrets.
By way of background, on May 11, 2016, President Barack Obama
signed into law the DTSA, and thereby amended the Economic
Espionage Act of 1996 to create a federal civil remedy for trade
secret misappropriation. Since that time, courts around the country
have largely interpreted provisions of the DTSA to be coextensive
with the various state laws that provide similar protections for
trade secrets.1 However, no case had been brought to a
jury verdict, until now.
