Last week I wrote about the doctrine of “inevitable disclosure” as it relates to the Defend Trade Secrets Act of 2016 (DTSA), the statute that created a general, private cause of action for trade secret misappropriation under federal law.
The Defend Trade Secrets Act (DTSA) was enacted a year ago, on May 11, 2016.
The Defend Trade Secrets Act of 2016 (DTSA) amended the Espionage Act of 1996 to provide a federal private right of action for trade secret misappropriation.
DTSA enforcement continues to primarily focus on charges against former employees who join a competitor.
The Defend Trade Secrets Act (DTSA) includes an new provision added to the Economic Espionage Act (EEA) that, depending upon how it is interpreted, may govern how district courts handle trade secret information in all cases.
The DTSA includes a requirement that a court "may not authorize or direct the disclosure of any information the owner asserts to be a trade secret" without first allowing an under-seal submission of a description of the confidential interest.