Federal Cause of Action for Trade Secret Misappropriation

The House of Representatives has scheduled a floor vote on the Defend Trade Secrets Act (DTSA) for Wednesday April 27, 2016.  The version up for vote is identical to that passed unanimously by the Senate earlier this spring. [Schedule][S.1890].  President Obama has indicated his support as well.  Nothing is likely to deter the DTSA from passing on Wednesday.  The House Leadership is not permitting further amendments prior to the vote and no strong opposition has been voiced other than a group of law professors. States-rights activists have not suggested any reason why the traditional state-law-tort should not also be a federal cause of action.

In March 2017, Mizzou’s Center for Intellectual Property & Entrepreneurship will host a symposium on implementation and implications of the DTSA.  Proceedings will be published in the Law School’s Business, Entrepreneurship, and Tax Law Review (BETR).

About Dennis Crouch

Law Professor at the University of Missouri School of Law. Co-director of the Center for Intellectual Property and Entrepreneurship.

2 thoughts on “Federal Cause of Action for Trade Secret Misappropriation

  1. To the comment of “States-rights activists have not suggested any reason why the traditional state-law-tort should not also be a federal cause of action.“…

    Shall we rejoin past threads in looking at the optionality of a federal cause of action that could be disparate to a State philosophy (example being that the State of California prohibits a certain type of suit, or action, which would now be available as a new and separate Federal cause of action)…?

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