The Defend Trade Secrets Act of 2016: Leveraging the New Federal Framework to Protect IP

Passage of the Defend Trade Secrets Act of 2016 (DTSA) finally provides trade secrets the federal protection that has long been given to other forms of intellectual property (IP). Implementation of the DTSA provides IP owners with a federal cause of action, but it does not preempt state laws. This allows both federal and state misappropriation claims to be brought in the same federal action.

The American Invents Act and recent Supreme Court decisions have limited patent protection for some forms of IP. In light of the changing patent landscape, trade secret protection, especially for some industries, provides an alternative to patent protection.

The DTSA adds another arrow in IP owners’ quivers. IP owners can take advantage of the provisions not available under state law, such as ex parte seizures.

Listen as our authoritative panel reviews important sections of the DTSA and discusses the differences between the Uniform Trade Secret Act and the DTSA, as well as the effect on state trade secret laws and causes of action. The panel will also discuss the changes required in agreements and policies with employees, contractors and consultants. In addition, the panel will provide best practices under the DTSA.

1. Overview of important sections of the DTSA
2. Differences between Uniform Trade Secret Act (which almost all states use in some form) and the DTSA
3. Effect on state trade secret laws and causes of action
4. Changes required in agreements and policies with employees, contractors and consultants
5. Best practices under the DTSA

The panel will review these and other key issues:

• What factors should IP counsel consider when evaluating whether to seek trade secret protection under state or federal law?
• What are the differences between the DTSA and the Uniform Trade Secret Act? What impact with the DTSA have on state laws?
• What steps should IP owners and counsel take to leverage the new DTSA?