Assessing Extraterritorial Reach Of DTSA After Ill. Decision

Law360 (April 28, 2020, 1:24 PM EDT) -- As companies continue to expand their global reach, and the U.S. Department of Justice continues to focus on protecting U.S. companies against trade secret theft by Chinese entities through criminal prosecutions, the question increasingly becomes: Can a U.S. company seek civil remedies if an actor outside the U.S. steals its trade secrets?

While the federal Defend Trade Secrets Act, enacted in 2016, suggests such remedies could be available, a federal judge in the U.S. District Court for the Northern District of Illinois recently confirmed in Motorola Solutions Inc. v. Hytera Communications Corp. that the DTSA does allow private litigants to pursue...

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