ITC Vs. Court Remedies For Trade Secret Theft Abroad

Law360, New York (October 16, 2020, 3:10 PM EDT) -- Companies facing misappropriation of their trade secrets outside the U.S. have powerful options for pursuing trade secret misappropriation claims in the U.S.

First, as evidenced by a recent $800 million jury award, the Defend Trade Secrets Act provides a civil cause of action to obtain damages for trade secret misappropriation in a U.S. federal district court, including for trade secret misappropriation that took place outside of the U.S.

Second, companies can seek relief in the U.S. International Trade Commission, which has awarded exclusion orders to remedy extraterritorial trade secret misappropriation under the Tariff Act.

This article provides an overview of cases...

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