Article

Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

Law360

12 May 2021

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.”

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