Analysis

Defend Trade Secrets Act: 5 Years Later, Here's What We Know

Law360 (May 10, 2021, 3:16 PM EDT) -- The Defend Trade Secrets Act, which created a federal system of trade secrets law for the first time, turns five years old on Tuesday.

After passing both the House and the Senate by overwhelming majorities, the statute was signed into law by then-President Barack Obama on May 11, 2016, capping off a yearslong effort to turn trade secrets into a form of federal intellectual property.

The goal was to bring more consistency to a patchwork of state-level trade secrets laws, as well as to give litigants easier access to federal courts, which supporters said were better suited than local courts to...

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