Prompt seizure of property can aid in combating misappropriation and mitigating loss to companies. This civil seizure remedy has received substantial attention. The DTSA also provides a new remedy of an ex parte civil seizure of property where the applicant seeks a seizure order without the other side being privy to the request. The DTSA provides for all of the remedies typically available under state trade secret law, including injunctions, actual damages, unjust enrichment, royalties, exemplary damages, and attorneys' fees. The DTSA governs disputes over trade secrets that relate to a product or service used in, or intended for use in, interstate or foreign commerce. More than 40 companies and industry organizations wrote Congress supporting the DTSA, and representatives from industry testified to the importance of the new law. The risk of trade secret misappropriation has never been greater due to the explosion of digitally stored information and the ease with which employees can use compact flash drives to take company trade secrets for improper purposes.Īmerican industry lined up to support the DTSA by emphasizing its importance for protecting global competitiveness. The DTSA garnered bipartisan support based on the widely held belief that the law will aid American businesses in protecting their trade secrets in the global marketplace. The Senate and the House of Representatives had overwhelmingly approved the new law, voting 87–0 and 410–2, respectively. President Obama signed the DTSA into law on May 11, 2016. Victims of trade secret theft now have the right to assert federal claims of trade secret misappropriation in the federal district courts. The DTSA provides federal civil protection against misappropriation of trade secrets. Trade secrets gained prominence as a federally protected form of intellectual property this week with the enactment of the Defend Trade Secrets Act of 2016 ("DTSA").
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