Ken Kuwayti, John Lanham, and Candice Heinze authored an article for Law360 covering the fifth anniversary of the Defend Trade Secrets Act (DTSA).
“At five the DTSA is already a frequently used and effective tool for trade secret enforcement, particularly against misappropriation with an international scope,” the authors wrote. “So far, however, it is not a statute that is being interpreted uniformly.”
They added: “But the DTSA is still finding its legs. Uniformity may develop over time as more cases make their way to appellate courts. If the U.S. Supreme Court gets a chance to weigh in, it may set the statute back on course to providing more of the consistency Congress hoped to achieve.”