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Expert Analysis

The Defend Trade Secrets Act Bill Has Holes

Law360, New York (June 23, 2014, 10:28 AM EDT) -- State court or federal court? If the Defend Trade Secrets Act of 2014 (S. 2267, introduced on April 29, 2014) becomes law, then trade secrets plaintiffs — not just those who can maintain diversity jurisdiction — could proceed in federal court under new federal law. But would they want to? While the knee-jerk reaction of many litigants is a resounding "Yes!," we wonder whether federal court under the DTSA would be preferable to the well-known Uniform Trade Secrets Act, which is available in 48 of the 50 states....

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