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The DTSA's 'Interstate Commerce Requirement'


The DTSA's 'Interstate Commerce Requirement': Has It Had an ...

The trade secret must be “related to a product or service used in, or intended for use in, interstate or foreign commerce.”

The Interstate Commerce Requirement of the Defend Trade Secrets ...

The DTSA created a private, civil, federal cause of action for misappropriation of trade secrets. The statute provides, in relevant part, that “ ...

Making a Federal Case Out of It: What Does the DTSA's “Interstate ...

But one aspect of the DTSA has received little attention: the DTSA only authorizes trade secret claims if they are “related to a product or ...

Emerging Issues Under the Federal Defend Trade Secrets Act

By its terms, the DTSA applies only to trade secrets related to “interstate or foreign commerce” through an actual or intended product or ...

The DTSA's Federalism Problem: Federal Court Jurisdiction over ...

The jurisdictional element imposes two requirements on a federal plaintiff's trade secret: (1) that the trade secret closely relates to a product or service; ...

Explaining the Defend Trade Secrets Act - American Bar Association

For the first time, the DTSA gives American companies the opportunity to protect against and remedy misappropriation of important propriety information in ...

Federal Court Rules that the DTSA Requires Pleading an “Interstate ...

For a civil claim under the DTSA, the “trade secret at issue must be related to a product or service used in, or intended for use in, interstate ...

The Defend Trade Secrets Act: An Overview and Key Developments

The DTSA provides a private civil cause of action for victims of trade secret espionage or theft where a trade secret has been misappropriated.

Defend Trade Secrets Act of 2016: A Five Year Overview

The clause requiring the secret to be “related to a product or service used in, or intended for use in, interstate or foreign commerce”7 is ...

The Defend Trade Secrets Act and How it Differs from State Trade ...

The DTSA allows an owner of a trade secret to sue in federal court when seeking relief for trade secret misappropriation related to a product or service in ...

Business and Corporate - The Defend Trade Secrets Act Providing ...

The DTSA applies to products and services in interstate commerce. It may be ... the DTSA when complying with the notice requirement are rendered ...

The Impact of the New Federal Trade Secrets Act ... - Holland & Knight

First, as discussed above, a claim under the DTSA must allege a nexus between the alleged trade secrets and interstate or foreign commerce.

Happy Anniversary, DTSA: The Defend Trade Secrets Act at Five

It allows plaintiffs to bring an action for any trade secret that relates to “a product or service used in, or intended for use in, interstate ...

Defending Trade Secrets Under the Economic Espionage Act

THE ENACTMENT OF DTSA USHERS IN THREE NOTABLE changes to trade secret law. First, where its interstate commerce requirement is met, the DTSA ...

Defend Trade Secrets Act: Two Years Later - Harbor Law Group

The DTSA at 18 U.S.C. § 1836(b)(1) allows a plaintiff to bring a civil action for misappropriation of a trade secret only if the “trade secret ...

The Defend Trade Secrets Act - How to Win at the Pleading Stage

Allegations of specific knowledge required by the DTSA must be adapted to the type of misappropriation. ... (imposing “interstate or foreign ...

The Defend Trade Secrets Act - State Bar of Texas

for sale via the internet is likely to satisfy the DTSA's “interstate commerce” requirement.13 Even in those seemingly rare in- stances where the ...

Third Circuit Court of Appeals Addresses Federal Trade Secret ...

[1] Enacted in 2016, the DTSA for the first time created a federal private cause of action for civil litigants seeking to protect trade secrets, ...

Emerging Trends in Defend Trade Secrets Act Litigation - K&L Gates

These growing trends provide increased clarity on the scope and requirements of the DTSA. Employers should be aware of the timing of alleged ...

The DTSA's Jurisdictional Nexus, Three Years In

The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce.