On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, which immediately created, for the first time ever, a federal civil cause of action for misappropriation of trade secrets. The DTSA adds a federal cause of action to existing state trade secrets laws, which are largely governed by statutes based on the Uniform Trade Secrets Act. The DTSA became effective immediately and creates a claim for any act of misappropriation which occurs on or after the date DTSA was enacted. Goodwin Procter partners Koray Bulut and Robert Carroll will discuss the enhanced tools, including seizure of misappropriated property, available under the DTSA in the event of a theft or breach of trade secrets; the interplay between the DTSA and existing state doctrines of trade secret law; and whistleblower immunity created under the DTSA, and the obligations of employers to give notice to their employees, consultants and contractors of the DTSA’s whistleblower immunity provision.
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