Trade Secret Misappropriation

For years, critics of the existing trade secret law framework in the United States have lamented the discord caused by a state-by-state system of law for a form of intellectual property that is often owned by national or multinational entities. Now, the passage of the Defend Trade Secrets Act (“DTSA”), signed into law on May 11, 2016, provides a unique opportunity to examine the nature of two co-existing systems:  The new private federal course of action for misappropriation, and the older state law approach. How will the DTSA, which does not preempt state law, impact the previous system?

This course involves a detailed look into the new setting for trade secret law, including the codification of the DTSA and how the DTSA’s ex parte seizure provision will function. The Act will be compared to its counterpart, the Uniform Trade Secrets Act (“UTSA”), in both its model and adopted forms, as well as to the law of states such as New York which have never adopted the Uniform Act. The bearing of the DTSA on existing trade secret jurisprudence will be examined, as will its inevitable impact on the stated goal of the UTSA, uniformity in the application of trade secret law.

Join Merri C. Moken, Partner of Holland & Knight in New York, for this discussion. Ms. Moken’s litigation and transactional practice includes more than a decade of experience in intellectual property law. 

1. Understand the DTSA
2. Learn about the seizure provision and how to implement it
3. Assess when to pursue a claim for theft of trade secret under Federal or state law
4. Discuss cases brought under the DTSA, and the courts' determinations to date
5. Gain familiarity with the DTSA’s impact on trade secret misappropriation by international actors