Coming soon to a federal court near you—a federal claim for trade secret misappropriation.
Having been approved by the House and Senate and awaiting the president’s signature, the Defend Trade Secrets Act of 2016 is about to become law. More than 40 years ago in Kewanee Oil v. Bicron, the Supreme Court observed that “Congress, by its silence over these many years, has seen the wisdom of allowing the States to enforce trade secret protection.” Congress now sees the wisdom of allowing the federal government to enforce trade secret protection as well.
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