The Defend Trade Secrets Act (DTSA) applies only to acts of
misappropriation occurring on or after May 11, 2016. The DTSA
defines misappropriation to include improper acquisition or
improper use or disclosure. But misappropriation is often not a
single, one-time event. Although the DTSA addresses
"continuing misappropriation," it does so only in the
subsection of the Act that addresses the statute of limitations,
noting that "continuing misappropriation constitutes a single
claim of misappropriation." What then happens to acts of
continuing misappropriation where the misappropriation commenced
before the DTSA's enactment?
At least one district court has found that "existing state
law on trade secrets informs the Court's application of the
DTSA." Source Prod. & Equip. Co. v. Schehr, No.
16-17528, 2017 U.S. Dist. LEXIS 138407, at *6 (E.D. La. Aug. 29,
2017) (finding support from congressional reports and the
definitional similarities between the DTSA and UTSA). If this
