Defend Trade Secrets Act

That's very different than the remedy that was sought here.

The remedy sought here under the Defend Trade Secrets Act and it's a remedy that is provided specifically by the Trade Secrets Act, is a loss remedy.

In other words, actual losses that were suffered by the plaintiff in the case.

And because of that, it takes it entirely outside the scope of Dewberry.

Our source material relies heavily on the definitions outlined in 18 U.S.C.

Section 1839 and the Defend Trade Secrets Act, or DTSA.

To grasp how trade secrets function mechanically, you have to contrast them with patents.

This is a huge point of confusion for operators.

You now have the Uniform Trade Secrets Act, which is implemented in every state across the United States except for two.

And even more recently, you have the Defend Trade Secrets Act, the DTSA, which is federal and overlaps to a great extent with what you already have in the UTSA, but with a new federal commerce or foreign commerce component to it.

And DTSA is 10 years old now, but interestingly, the UTSA, which I don't think has been revised or materially revised for over 30 years, there are some changes being contemplated.

And I believe Ken and a co-panelist are gonna address those pending changes in this conference.

So we'll look forward to that.

All right.

Want to talk about trade secrets? Why don't we start from the beginning? But what makes something a trade secret? What do you need to show?

So the DTSA, the Federal Defense Trade Secrets Act, which is largely parallel to the UTSA, and in my opinion, quite substantively parallel to the two states that don't adopt the UTSA, a trade secret can be almost any kind of information as long as it's subject to reasonable measures to keep it secret and not generally known or readily ascertainable by proper means.