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3 Years Of The Defend Trade Secrets Act: The Open Questions

Law360 (June 6, 2019, 5:23 PM EDT) -- When the Defend Trade Secrets Act was enacted in May 2016, many commentators believed that it would result in a unified body of federal trade secrets law to replace the patchwork of disparate state laws that federal courts had been applying. This stemmed, in part, from the fact that the DTSA largely followed the Uniform Trade Secrets Act that many states had adopted in some fashion. Additionally, the DTSA exempted whistleblowers from trade secret liability and created a process to obtain ex parte orders to seize property related to trade secrets. Three years later, we assess the DTSA’s impact on the...

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