CLIENT ALERT: Federalizing Trade Secrets Law: the Defend Trade Secrets Act

April 28, 2016 – The U.S. Congress recently passed the Defend Trade Secrets Act (“DTSA”) – the first federal law to provide a civil claim for trade secret misappropriation. Although trade secret theft may be deemed a federal crime, companies that are victims of such theft are not presently permitted to seek civil damages in federal court and must seek redress in state courts. Now, under the DTSA, companies will be permitted for the first time to bring private civil lawsuits under the federal Economic Espionage Act, which previously only provided for criminal liability. The attached Client Alert examines details of the DTSA.