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Congress passed the Defend Trade Secrets Act of 2016 (DTSA) with much fanfare, touting its potential to curtail both domestic and cross-border theft of American ingenuity and technology. While not substantially different from its state law counterparts, the DTSA offers a unique and powerful remedy previously unavailable to aggrieved parties in their efforts to curb trade secret misappropriation: ex parte seizure of property containing trade secrets.

The DTSA seizure order provision also involves key electronic discovery issues of which counsel and clients should be aware. This article provides a brief overview of DTSA seizure orders and discusses e-discovery considerations in connection with those orders.

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