Daniel Winston and Irina Oberman Khagi on the Defend Trade Secrets Act of 2016

View "DTSA's Promise of Uniformity Remains Unfulfilled."

Daniel Winston and Irina Oberman Khagi wrote "DTSA's Promise Of Uniformity Remains Unfulfilled" in Intellectual Property Law360, where they discuss the recently enacted Defend Trade Secrets Act of 2016 which has been hailed as one of the most significant developments in intellectual property law in the last several decades.  One of its main purposes is to provide a more uniform body of law governing trade secrets claims, yet that promise of uniformity may fall short in practice.  Practitioners dealing with trade secrets claims under the DTSA should question whether the DTSA even applies at all to certain cases, and — assuming the DTSA applies — ought to be wary of the interplay between federal and state law claims and guard against cross-application of the law of another forum where it is unwarranted.