Will DTSA Whistleblower Protection Be A Game-Changer?

Law360, New York (June 2, 2016, 11:18 AM EDT) -- Michael A. Filoromo III

Matthew LaGarde The Defend Trade Secrets Act of 2016 presents a host of new questions for attorneys on both sides of the whistleblower bar. Designed primarily to provide legal recourse under federal law to companies when their trade secrets are misappropriated, the DTSA was amended prior to passage to include a whistleblower immunity and protection provision. While whistleblower advocates have understandably hailed the inclusion of these protections, their practical effect, particularly in the context of retaliation cases, remains to be seen.

Background

Prior to the passage of the DTSA, most states had adopted some variation of the...

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