Extraterritorial Reach Of The Defend Trade Secrets Act: How Far Did Congress Go?

In the aftermath of the Defend Trade Secrets Act (DTSA), a little discussed, but potentially quite significant, issue is whether civil trade secret plaintiffs can now use federal trade secret law to reach misappropriation that occurs in other countries pursuant to DTSA Section 1837. See 18 U.S.C. § 1837.  This post is a follow-up to my prior post on presentations at last spring's conference "The New Era of Trade Secret Law: The DTSA and other Developments", hosted by the IP Institute at Mitchell/Hamline School of Law. Professor Rochelle Dreyfuss spoke at the conference about her work-in-progress with Professor Linda Silberman, discussed herein.On May 11, 2016, the Defend Trade Secrets Act (DTSA) was passed into law, creating a federal civil action for trade secret misappropriation. The DTSA is now codified in in Title 18 of the U.S. Code, 18 U.S.C. §§ 1831-1839. Unlike the Uniform Trade Secrets Act (UTSA), some version of which is in…

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