January 25, 2022

Volume XII, Number 25

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January 24, 2022

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Obama Signs Federal Trade Secrets Bill Into Law

President Barack Obama signed the Defend Trade Secrets Act (DTSA) into law yesterday, May 11, 2016. As we previously reported, the Senate unanimously passed the bill on April 4, and the House overwhelmingly passed it on April 27. The President has long supported the legislation to bring greater harmonization to trade secrets enforcement, following an extended bipartisan effort to create a new federal system of trade secrets that commenced in 2012.

The DTSA creates a federal civil cause of action – and federal subject matter jurisdiction – for trade secret misappropriation for any act that “occurs on or after the date of the enactment” of the law and that affects interstate or foreign commerce. Plaintiffs now have the opportunity to obtain injunctive relief and monetary damages and, in appropriate matters, ex parte seizures of misappropriated trade secrets.

Meanwhile, the European Union’s Trade Secrets Directive was passed by the European Parliament on April 14, with final approval is expected this month. The Directive aims to standardize trade secrets protection across the European Union and must be implemented in Member States within the next two years.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume VI, Number 133
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About this Author

Steven Auvil Intellectual Property Attorney Squire Patton Boggs Washington DC
Partner

Steve Auvil leads our Intellectual Property & Technology Practice Group’s litigation practice in the US, and his practice is focused on litigation of intellectual property (IP) disputes. As an engineer and patent lawyer, he has been exposed to a wide variety of technologies, including control systems, power electronics, communication systems, medical devices, steel production, complex mechanical systems and software systems. Steve has been listed in Chambers USA Leading Lawyers since 2007 and The Best Lawyers in America since 2006.

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David Elkins Intellectual Property Attorney Squire Patton Boggs Palo Alto, CA
Partner

David Elkins has led our global Intellectual Property & Technology Practice Group since 2010. Based in Silicon Valley, David serves as lead trial and arbitration counsel in patent, trademark, trade dress, trade secret, false advertising and copyright actions nationwide.

Following outstanding client feedback, David has been named a “star lawyer” in the Acritas Stars™ global database from 2017 to present. “He’s a very dedicated lawyer and we can have full confidence and trust that he will act in our interests”; “The quality of his advice: it is sharp, it is to the point, and it’s...

650-843-3378
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