Robert Horowitz Publishes Overview of Defend Trade Secrets Act

Articles / October 24, 2017

Partner Robert Horowitz authored an article published Oct. 20, 2017, by Corporate Live Wire. The article, “The Defend Trade Secrets Act: Key Elements and Procedures for Private Trade Secret Owners,” is an overview of the 2016 Defend Trade Secrets Act (DTSA), which standardizes trade secret protection and gives certainty to trade secret owners. Horowitz covers the act’s expansive definition of trade secrets, its provision for ex parte seizure orders, injunctive relief, damages and attorneys’ fees, whistleblower immunity and statute of limitations.

Horowitz concludes:

While providing uniformity of law and benefiting trade secrets owners, DTSA will inevitably cause more trade secret litigation in both federal and state courts. Federal courts most likely will need to deal with any differences between the DTSA and relevant state law. Moreover, employers should now revise their employment agreements to provide sufficient notice per DTSA’s requirements.

Read the article.