Trade Secret Law

The Senate Judiciary Committee moved forward with hearings on the Defend Trade Secret Act (DTSA) that would, inter alia, create a Federal cause of action for trade secret misappropriation.  The intent would not be to preempt state laws but instead to provide an additional layer of protection for trade secret owners. That said, the new law could be used to overcome limits and defenses available in some states (such as California).  Although still objectionable to some, the current bill is a toned-down version of the parallel bill from last term.  The current approach also has bipartisan support from leaders of the Judiciary Committee (Senators Grassley and Leahy).

Statements and Written Testimony from the Hearing:

Of those testifying, only Prof Sandeen called for a slowdown in the legislative approach.


One thought on “Trade Secret Law

  1. 1

    The kind of question I would like to hear asked of all Congressional witnesses testifying on proposed legislation, which I never seem to hear, would be: “How often have you been personally actively involved in the type of litigation that is the subject of this legislation?”

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