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On May 11, 2016, President Obama signed S. 1890 – The Defend Trade Secrets Act (DTSA) into law, the final step in creating the first federal civil cause of action against those who misappropriate a company’s trade secrets. In signing the Act, President Obama spoke of American innovation and the threat that trade secret theft, particularly in Asian markets, poses to American jobs, markets, and leadership. Our previous post, See You in Federal Court: Congress Creates Federal Civil Action for Trade Secret Misappropriation, provides details regarding key components of the Act ...

Congressional efforts to create a federal remedy to protect company trade secrets have been underway for several years. Last week, S. 1890 - Defend Trade Secrets Act of 2016, which would amend the Economic Espionage Act of 1996 to create federal civil jurisdiction over the theft of trade secrets, was sent by Congress to the President for consideration. The Bill was introduced last year and was passed by an overwhelming majority of both the Senate and House in April 2016: by Senate vote (87-0) on April 4 and by House vote (410-2), without changes, on April 27. The Bill was presented to the ...

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