Civil Litigation,
Intellectual Property
Apr. 17, 2019
The troubling intersection of the DTSA and state caselaw
[TOP IP] Because of a dearth of federal cases on federal trade secret law, courts often use the "similarity" between federal and state trade secret law as a gloss to apply a wealth of state trade secret caselaw to federal trade secret cases.
The most common sentiment in federal trade secret opinions is that the Defend Trade Secrets Act is "substantially similar" to the forum-state's Uniform Trade Secrets Act. Perhaps they are similar; but they are not the same. Yet, because of a dearth of federal cases on federal trade secret law, courts often use this "similarity" as a gloss to apply a wealth of state trade secret caselaw to federal trade secret cases. That gloss has -- and will continue to have -- an im...
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