United States: The Defend Trade Secrets Act’s Five-Year Review

In the spirit of the new year, we offer a review of the first five years of the Defend Trade Secrets Act ("DTSA"). The DTSA, 18 U.S.C. § 1831 et seq. , was signed into law on May 16, 2016. It provides for a federal civil cause of action for trade secret misappropriation and criminal penalties for theft of a trade secret and what the statute calls "economic espionage" – theft of a trade secret knowing or intending to benefit a foreign government, instrumentality, or agent. In 2018, the Department of Justice ("DOJ") rolled out its "China Initiative" and […]

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