Federal Courts Shed Light On Extraterritorial Reach Of DTSA

Law360 (August 8, 2019, 1:39 PM EDT) -- With the passage of the Defend Trade Secrets Act in 2016, U.S. entities were given a strong stick (a federal civil claim for trade secret misappropriation) by which to beat back foreign entities encroaching on their intellectual property rights. But the DTSA’s placement within the existing Economic Espionage Act of 1996 — a cohesive federal framework for criminally prosecuting trade secret theft in Chapter 90 of Title 18 — created ambiguities about the scope of the DTSA. Chief among those, particularly for lawyers advising foreign clients, relates to the extraterritorial reach of the DTSA.

The starting point for determining the DTSA’s...

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