This May marked the three-year anniversary of the Defend Trade Secrets Act (DTSA). While the prohibitions against trade secret misappropriation created by the DTSA have been well vetted since the Act’s inception, less frequently discussed is the immunity granted under the Act to certain individuals who might expose trade secrets: whistleblowers.

Often, whistleblowers are stymied in their ability to fully and accurately inform government officials about a company’s wrongdoing because of fear of retaliation. Where potential fraudulent or criminal activities can only be established through documents or information that is proprietary to the company, the challenges of whistleblowing are even greater.