The landscape of trade secret enforcement in the U.S. changed dramatically with the enactment of the Defend Trade Secrets Act of 2016 (DTSA), 18 USC, Section 1836, et seq. The DTSA created, for the first time, a federal civil cause of action for trade secret misappropriation, giving rise to federal question jurisdiction for trade secret claims in US federal courts. The DTSA is still fairly new, and the body of case law construing its provisions is evolving. Much of the recent academic discussion about the DTSA has focused on the circumstances in which it imposes liability for acts of misappropriation. Less attention, however, has been paid to its potential strategic use to obtain global trade secret remedies in a single legal proceeding.

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Authored by Steve Levitan and Tej Singh