On May 11, 2016, the Defend Trade Secrets Act, 18 U.S.C. Section 1836, et. seq., was signed into law. At the time, the DTSA was hailed for providing federal protection against the growing problem of corporate espionage. For the most part, the first year of the DTSA unfolded as expected. Federal trade secret filings increased and many litigants attempted to utilize the unique remedies offered by the DTSA. However, the relative infancy of the DTSA leaves many issues open to interpretation. Below, we briefly review some of the major developments during the first year of the DTSA.
Ex Parte Seizures
The DTSA provides plaintiffs with the unprecedented ability to seek an ex parte seizure of misappropriated materials. If granted, this remedy authorizes federal law enforcement agents to enter one’s premises and seize property. Many were anxious to see how such extreme relief would affect trade secret cases. One year in, the effect remains unclear.
