In an article for Law360, business litigation partner Kerry Bundy weighed in on trade secret litigation and the impact of the Defend Trade Secrets Act (DTSA), introduced in 2015 by Orrin Hatch, the late Republican senator from Utah.
Before the DTSA, the majority states adopted the Uniform Trade Secrets Act (UTSA), which was a state-level trade secrets protection law. Bundy stated that the problem with the UTSA is that different states interpreted the law differently. “One of the biggest criticisms was it didn’t allow the uniformity in the developing body of case law that you’d otherwise have if you had a federal cause of action,” Bundy said.
Bundy added that the DTSA provided a “uniform way” to quickly protect trade secrets across the country. “When you as a business owner find your trade secrets in someone’s hands, and they’re about to get on a plane, it gives you a swift mechanism to go in and protect your trade secrets,” she said.
The full article is available for Law360 subscribers.