Aside from the federal protections provided under the DTSA, most states (and the District of Columbia, but not New York or Massachusetts) have already adopted a version of the Uniform Trade Secrets Act (“UTSA”), which provides a cause of action for the theft of trade secrets under state law. There are a number of differences, however, among these state laws. The DTSA does not eliminate or preempt state law remedies, but rather supplements them. Notably, the DTSA grants employers access to federal court—regardless of the amount in controversy—and provides uniformity across the patchwork of state laws.
Like the UTSA, the DTSA allows employers to obtain the following: (i) equitable remedies, (ii) actual damages, (iii) punitive damages, and (iv) reasonable attorneys’ fees. In addition to these remedies, the DTSA includes the extraordinary remedy of an ex parte seizure order in certain extreme circumstances.”
Download this white paper to continue reading …
Susan Gross Sholinsky is a member of Epstein Becker & Greeen, P.C.’s Employment, Labor & Workforce Management practice, in the New York office. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims.
Peter A. Steinmeyer is a managing shareholder of the Chicago office of Epstein Becker & Green, P.C. He is the co-chair of the Firm’s Non-Competes, Unfair Competition and Trade Secrets Practice Group, and co-writes the blog: www.tradesecretsnoncompetelaw.com.
You can Login to access if you are already registered.
Thank You!
Download White PaperMore Program Information
