Aggrieved parties have long been able to sue in federal court for copyright, patent, and trademark violations. Surprisingly, no corresponding private cause of action has existed for trade secret theft. Instead, trade secret cases were the domain of state courts.The enactment of the Defend Trade Secrets Act of 2016 changed this. Signed into law on May 11, 2016, the Act gives federal courts jurisdiction over trade secret cases and allows individuals to bring a private cause of action in federal court.This three-part blog post begins with a background of trade secret law. Part 2 introduces key provisions of the new Act. Part 3 continues discussion of the Act and includes drafting considerations to ensure that new business documents contain the language required. Attorneys should be informed of the changes brought by this Act in order to protect client interests in this area.
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