Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistKickerFeaturesTopicsCommercial LawLitigationSectionsNewsLJN Newsletters

Federal Civil Trade Secret Legislation

By Daniel T. McCloskey
November 30, 2015

Businesses regularly lose precious data, sometimes even “the crown jewels,” through trade secret theft by departing employees, unscrupulous contractors and others. Although trade secret theft is estimated to cause billions of dollars in damage every year, no federal civil claim for trade secret misappropriation currently exists. Despite the fact that patents, trademarks and copyrights are protected by federal laws creating private rights of action, trade secrets ' which for many businesses are the lifeblood of their revenue ' are not. State laws govern these assets, and they are inconsistently applied. Relief may be in sight.

On July 29, 2015, the Defend Trade Secrets Act of 2015 (DTSA) was introduced in the House of Representatives (H.R. 3326) and Senate (S. 1890). The Act would establish a federal civil cause of action for trade secret misappropriation, enabling plaintiffs to assert trade secret claims in federal district courts. While similar legislation has been introduced in previous years, there are reasons to think that the bill could pass in some form this Congress given the bipartisan support the measure enjoys.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.