Thursday, June 23, 2016

Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed into law a bill that amends the federal criminal code to create a private civil cause of action for trade secret misappropriation.

Under the new law, called the Defend Trade Secrets Act of 2016 (DTSA) a trade secret owner may file a civil action in a U.S. district court seeking relief for trade secret misappropriation related to a product or service in interstate or foreign commerce. The bill establishes remedies including injunctive relief, compensatory damages, and attorney's fees, and sets a three-year statute of limitation from the date of discovery of the misappropriation.

As of this writing, new DTSA claims have been filed in at least 15 federal cases. Docket Navigator is expanding its coverage to include several new practice areas, including DTSA. Unfortunately, PACER’s case classification categories do not yet include DTSA claims, so identifying cases asserting those claims presents a challenge. The process will be significantly improved once PACER creates a Nature of Suit flag for DTSA cases.

In the meantime, Docket Navigator has identified these 15 DTSA cases. (Click here to be taken to a list of cases.)

As we discover additional DTSA cases, they will be added to the list in real time. Docket Navigator subscribers can create an alert on the link above to be notified of new DTSA cases. In addition, subscribers may click on an individual case to be notified when new documents are filed in that case.

If you are aware of a DTSA case that does not appear in the list above, please contact us with the information.

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