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Symposium Keynote: The Dtsa And The New Secrecy Ecology, Orly Lobel
Symposium Keynote: The Dtsa And The New Secrecy Ecology, Orly Lobel
The Business, Entrepreneurship & Tax Law Review
The Defend Trade Secrets Act (“DTSA”), which passed in May 2016, amends the Economic Espionage Act (“EEA”), a 1996 federal statute that criminalizes trade secret misappropriation. The EEA has been amended several times in the past five years to increase penalties for violations and expand the available causes of action, the definition of a trade secret, and the types behaviors that are deemed illegal. The creation of a federal civil cause of action is a further expansion of the secrecy ecology, and the DTSA includes several provisions that broaden the reach of trade secrets and their protection. This article raises …
The Defend Trade Secrets Act Whistleblower Immunity Provision: A Legislative History, Peter Menell
The Defend Trade Secrets Act Whistleblower Immunity Provision: A Legislative History, Peter Menell
The Business, Entrepreneurship & Tax Law Review
The Defend Trade Secrets Act of 2016 ("DTSA") was the product of a multi-year effort to federalize trade secret protection. In the final stages of drafting the DTSA, Senators Grassley and Leahy introduced an important new element: immunity "for whistleblowers who share confidential information in the course of reporting suspected illegal activity to law enforecement or when filing a lawsuit, provided they do so under seal." The meaning and scope of this provision are of vital importance to enforcing health, safety, civil rights, financial market, consumer, and environmental protections and deterring fraud against the government, shareholders, and the public. This …