Just last Wednesday, President Obama signed into law a major revision to U.S. trade secrets law. Entitled the Defend Trade Secrets Act of 2016 (“DTSA”), the legislation creates, for the first time, a Federal private, civil cause of action to protect trade secrets. As an additional body of protection over and beyond current state law, the legislation provides for nationwide substantive and procedural consistency and enhances the basic remedies of injunctive relief and damages. Most significantly, for the first time, it will provide for ex parte civil seizure of stolen trade secrets.
The following provisions of the new law will be discussed, along with implications for labor and employment practitioners:
-Details of the new law’s major provisions and the differences from and advantages over current state law;
-Requirements for and limitations on obtaining ex parte seizure;
-Enhanced judicial protections from disclosure in litigation;
-New protections for whistleblowers who disclose trade secrets to governmental authorities or courts;
-New requirements for employment agreements and policy documents containing confidentiality provisions