December 2018: Emerging Issues Under the Federal Defend Trade Secrets Act -
The Defend Trade Secrets Act (DTSA) creates a federal civil claim for trade-secret misappropriation. 18 U.S.C. § 1836(b)(1) (2018). To state a DTSA claim, a plaintiff must allege trade-secret misappropriation in that:
It has information subject to “reasonable
measures” of secrecy, 18 U.S.C. § 1839(3)(A)
(2018);
That information has or had competitive,
economic value from “not being readily ascertainable
through proper means,” 18 U.S.C. § 1839(3)(B)
(2018); and
The defendant acquired, used or disclosed that
information through “improper means,” 18
U.S.C. § 1839(5) (2018).
Please see full publication below for more information.
