Beyond the Defend Trade Secrets Act (DTSA): Trends and Considerations When Enforcing Trade Secrets Under State Law

On October 1, 2021, the Combating Corporate Espionage in Florida Act took effect, expanding the scope of trade secret protections in Florida, creating a new cause of action, and expanding remedies available to a trade secret owner. Many other states are actively considering proposed legislation that may have consequences for trade secret protection and enforcement. Given the interstate, and often international, nature of trade secret disputes, federal courts frequently apply a specific state’s trade secret law to citizens and companies from other states (or countries). Therefore, it may be important to know about state trade secret laws beyond your home state.

This program will explore the importance of state law in robust trade secret protection and enforcement programs. Specifically, we will cover:

• Significant differences in the law from state to state, despite the Uniform Trade Secrets Act. 
• How a trade secret owner can best understand which state’s law may apply to specific situations, and what advance steps can be taken to improve the odds that a preferred choice of law will be applied. 
• Florida’s new trade secret law as an example of a state-level legislative development that may significantly alter trade secret protection and enforcement.

Recorded: View On Demand

Moderator:
Kaitlyn Pehrson

Presenters:
Elizabeth Ferrill
Jeanette Roorda
John Williamson