MoFo News Item

Defend Trade Secrets Act: 5 Years Later, Here’s What We Know

10 May 2021

Ken Kuwayti spoke to Law360 about the Defend Trade Secrets Act, which created a federal system of trade secrets law for the first time when it was passed five years ago.

“I often say that it both changed everything and changed nothing,” Ken said. “It’s incredibly important because it gives you the right to go to federal court and all that goes along with it. But at the same time, it didn’t preempt state law, and on the most important aspects of the act, it followed state law.”

"The goal of uniformity has not yet been realized," Ken added. "And I think that it's not surprising given the approach that was taken, to not displace state law."

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