With the enactment of the Defend Trade Secrets Act of 2016 (DTSA), federal courts are now wide open for trade secret litigation. Nearly a year later, courts have already started interpreting the act, providing valuable insights for practitioners. In 2016, the U.S. Court of Appeals for the Fifth Circuit also clarified whether the Copyright Act pre-empts claims for trade secret misappropriation under state law, and in January 2017, the Supreme Court denied a petition for certiorari seeking to constrain the International Trade Commission’s ability to bar importation of products derived from misappropriated trade secrets.
DTSA—Freshman Year in Review
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