Defend Trade Secrets Act

Defend Trade Secrets Act

Defend Trade Secrets Act

The DTSA provides federal jurisdiction for misappropriation of trade secrets related to interstate commerce. Remedies include injunctive relief, damages, exemplary damages for willful misappropriation, and attorney fees.

Ex parte seizure is available in extraordinary circumstances.

Alternative Names:

DTSA|Federal Trade Secrets Act

Why it Matters?

The Act supplements rather than preempts state trade secret law, which means parallel claims are standard and the federal claim principally provides a jurisdictional route rather than substantively broader protection. Whistleblower immunity provisions require notice in employment agreements, and failure to include it forfeits exemplary damages and fees against that employee. Ex parte seizure is rarely granted and requires showing other remedies are inadequate.

Frequently asked questions

Does the DTSA preempt state law?

Does the DTSA preempt state law?

No. It supplements state trade secret acts, so parallel claims are standard and the federal route is principally jurisdictional.

What does the notice requirement affect?

What does the notice requirement affect?

Failure to include whistleblower immunity notice in employment agreements forfeits exemplary damages and fees against that employee.