Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

Webinar Recap! The Defend Trade Secrets Act: 3 Years Later

By Katherine Perrelli, Justin K. Beyer & Amy Abeloff on May 13, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

In Seyfarth’s third installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Katherine Perrelli, Justin K. Beyer, and Amy Abeloff focused on the key provisions of the Defend Trade Secrets Act, how the DTSA has evolved since it was passed three years ago, and what to expect in the future.

As a conclusion to this well-received webinar, we compiled a summary of takeaways:

  • The Defend Trade Secrets Act of 2016 created a federal civil cause of action for owners of trade secrets that have been misappropriated. While the DTSA is very similar to the UTSA, there are a few key differences to be aware of—such as the DTSA’s ex parte seizure option, which may be brought by a plaintiff without notice to an adversary, and the DTSA’s whistleblower immunity.
  • If an employer does not include the statutory whistleblower notice language in its employment (and consultant) agreements and employment policies that include provisions protecting against the disclosure of trade secret and confidential information, the employer may not be awarded exemplary damages or attorney’s fees in a misappropriation action against an employee (or consultant) to whom the notice was not provided.
  • As courts continue to consider DTSA cases, it is important to track how courts around the country interpret the DTSA against its state law counterparts to better understand the interplay between the two. While there are a number of overlapping provisions between the DTSA and the UTSA, understanding the differences can help practitioners better predict outcomes when evaluating whether to bring state-law, DTSA, or DTSA and UTSA claims.
  • Posted in:
    Intellectual Property
  • Blog:
    Trading Secrets
  • Organization:
    Seyfarth Shaw LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • GovCon & Trade
  • Pro Policyholder
  • The Way on FDA
  • Crypto Digest
  • Inside Cybersecurity & Privacy Law
Copyright © 2022, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo