Perspective
Apr. 29, 2016
Federal trade secrets protection: Law would create more problems than it solves
The reality is that the Defend Trade Secrets Act will create more problems than it solves as it's injected into the current state law ecosystem that is functioning just fine. By Bradford K. Newman and Esther Cheng
Bradford K. Newman
Partner
Baker & McKenzie LLP
Email: Bradford.Newman@bakermckenzie.com
Bradford Newman is the founder and co-chair of the AI and Blockchain Subcommittee of the ABA and leader of Baker McKenzie's AI practice. Recognized by the Daily Journal in 2019 as one of the Top 20 AI attorneys in California, Bradford has been instrumental in proposing federal AI workplace and IP legislation that in 2018 was turned into a United States House of Representatives Discussion Draft bill. In 2023, he was invited to testify before the United States Senate as an expert on AI and the Future of Work. He is frequently called upon to teach judges and lawyers AI CLE courses on a national level, has been an invited AI lecturer at the nation's top law and business schools, and has developed AI oversight and corporate governance best practices designed to ensure algorithmic fairness.
Advocates of the Defend Trade Secrets Act (DTSA), which the House passed on Wednesday, declare that it will simplify and unify trade secret law. Such promises usually accompany the call for new regulation, and on the surface, the promises are appealing. The reality, however, is that the DTSA will create more problems than it solves as it's injected into the current state law ecosystem that is functioning ju...
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