Trade secrets are the lifeblood of American business. U.S. companies own an estimated $5 trillion in trade secrets, roughly $300 billion of which are stolen every year. Trade secret theft deeply affects big business – including such companies as General Motors and DuPont – but even start-ups and smaller companies are vulnerable. Indeed, lawmakers such as Representative Zoe Lofgren (D-CA) have suggested that in places like Silicon Valley “the value of trade secrets may well exceed the value of patents and copyrights.”
Although trade secret protection is largely the province of the states, Congress finally passed the Defend Trade Secrets Act (DTSA) last month (and it was signed this month by President Obama). The new law created a federal civil cause of action for trade secret misappropriation.
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