The Defend Trade Secrets Act was passed in 2016. It provides businesses with additional trade secrets protection in the form of the power to file a civil lawsuit in a federal court so long as their confidential information was stolen through either interstate or foreign commerce.
The law provides businesses with more “teeth” to their confidentiality agreements. After all, they now have one more avenue to pursue protection, and federal courts have a number of advantages compared to their state-level counterparts. For example, federal courts have broader discovery tools, meaning that businesses might be able to secure more information that is relevant to their cases than otherwise possible.
Federal courts also have much more specialized expertise and experience available to them than state-level courts, which can be critical for businesses with cases that involve technical details as well as foreign relationships.
More Protection and Additional Requirements
It is important to note that the Defend Trade Secrets Act comes with new requirements for businesses as well. For example, businesses are now obligated to provide notification of immunity to whistleblowers, which will be needed to ensure the protection of their confidential information. That said, interested businesses should not just learn as much as possible about the protection afforded to them by the law but also the responsibilities that are expected of them at the same time.
Please contact us if you are interest in learning more about the Defend Trade Secrets Act. We can help you maximize your benefits from this law.