On April 27, 2016, Congress broke new ground in federal law, passing the Defend Trade Secrets Act of 2016. Once it receives the expected signature from the President, the DTSA will create a federal private cause of action for misappropriation of trade secrets. Although the new law has much in common with the well-known Uniform Trade Secrets Act and similar state laws, there are some important differences, the most significant being the availability of ex parte seizure orders. Employers will need to update any policies, handbooks, or employment agreements to provide notice of a whistleblower carve-out.
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