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Seizure Issues To Consider in Federal Trade Secrets Act

Both before and after the passage of the Defend Trade Secrets Act (DTSA) in May 2016, which created a federal civil cause of action for trade secrets misappropriation, much ink was spilled over the controversial “seizure” provision.

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Both before and after the passage of the Defend Trade Secrets Act (DTSA) in May 2016, which created a federal civil cause of action for trade secrets misappropriation, much ink was spilled over the controversial “seizure” provision, which allows a plaintiff to initiate an ex parte proceeding to seize any property “necessary to prevent the propagation or dissemination of the trade secret that is subject to the action.”

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