On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act (DTSA) for the purpose of protecting American businesses from economic espionage. The law is notable for, among other things, providing easier access to federal courts as well as the possibility of double damages, attorney fees and the right to ex parte seizure of misappropriated information.
Since its enactment, federal courts across the United States have agreed that the language in the DTSA—”on or after the date of the enactment of this act (May 11, 2016)”—limits recovery for parties wronged. However, limiting recovery means something different depending on the conduct complained of under the DTSA.
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