New Trade Secrets Law: Heads Up

The author of the attached article about the Defend Trade Secrets Act (DTSA) makes a good point. Hopefully the courts will strictly construe "in confidence."

For those not aware, the DTSA provides a federal cause of action for trade secret misappropriation, providing companies with certain types of relief including exemplary damages (up to double) and attorneys fees.

If you maintain trade secrets and want to be eligible to recover such relief, you must provide relevant employees with notice of the DTSA’s immunity provision designed to shield them from criminal and civil liability for certain confidential disclosures made in an anti-retaliation lawsuit.

Something to definitely be aware of especially if trade secrets comprise part of your business.

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