The Flaw In DTSA'S Civil Seizure Provision

Law360, New York (July 21, 2016, 4:43 PM EDT) -- The enforcement arsenal for trade secrets plaintiffs was recently fortified by the Defend Trade Secrets Act, which took effect May 11, 2016. For the first time, a victim of trade secret theft may petition a federal court, ex parte, for a seizure order permitting law enforcement to take possession of the property containing the trade secrets. This "civil seizure" provision has received a welcome reception by many trade secret law practitioners and large, global corporations. And perhaps rightfully so, given that the DTSA provides trade secret plaintiffs a more uniform avenue to seek redress for their trade secret grievances at the federal level. But this newfound enthusiasm — especially for civil seizure — must be tempered by the sobering risk of liability for a wrongful or excessive seizure....

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