On May 11, 2016, President Barack Obama signed into law the long-awaited Defend Trade Secrets Act of 2016 (DTSA), which is effective immediately. Three key features of the DTSA include: (1) the creation of a federal private right of action for trade secret misappropriation; (2) a provision permitting ex parte civil seizure of property necessary to prevent the propagation or dissemination of trade secrets; and (3) a requirement that employers provide notice to employees of their immunities under the DTSA for making confidential disclosures to the government, in court filings, or in connection with whistleblower retaliation claims by employees against their employers.
Ogletree’s recent articles, “Defend Trade Secrets Act of 2016 Heading to White House: What You Should Know Now” and “FAQs on The Defend Trade Secrets Act,” cover the new law in further detail.
There are many additional nuances of the DTSA, and it is important for employers to be knowledgeable of the law’s intricacies and to stay abreast of new changes. For an in-depth review of the new law, join Ogletree for their upcoming webinar, “The Defend Trade Secrets Act Breaks New Ground: Key Provisions and Next Steps for Employers,” featuring Danielle Ochs (shareholder, San Francisco), John C. Glancy (shareholder, Greenville), and Tobias E. Schlueter (shareholder, Chicago) on Tuesday, May 17, 2016 at 11 a.m. Pacific and 2 p.m. Eastern.
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