A New York Litigator’s Guide to the New Federal Trade Secret Law

October 27, 2016

By: Heath J. Szymczak and Bradley A. Hoppe

Reprinted with permission from Fall 2016, NY Litigator, New York State Bar Association

I. Introduction

On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), creating the first federal civil claim for theft of trade secrets. This is one of the most significant developments in trade secret law in decades. Prior to  DTSA, trade secrets did not receive the same protections afforded to other forms of intellectual property such as trademarks, copyrights, and patents. DTSA elevates the status of trade secrets to the point where its remedies, in many instances, now exceed those which may have been previously available under state law, including aggressive ex parte seizure mechanisms (similar to those used to seize counterfeit goods under trademark law), exemplary damages, and attorney’s fees.

Download the full article (PDF) to read more about the new law.