What is the Defend Trade Secrets Act of 2016?

The Defend Trade Secrets Act of 2016 (DTSA) is a federal law that protects trade secrets in the United States from misappropriation. It was passed to provide a single, uniform form of protection for trade secrets and make sure business owners can protect their intellectual property in a consistent way. This includes trade secrets related to products, services, and even customer lists. Any company or individual who misappropriates a trade secret can be sued in either state or federal court. The DTSA also allows whistleblowers to disclose trade secrets in certain circumstances, such as if they are reporting a violation of the law or to seek legal advice. In these cases, the whistleblower is protected from criminal and civil liability. The DTSA also allows companies to apply for an ex parte order that can stop the misappropriated information from being disseminated. This order is only available if the company can show the trade secret is likely to suffer certain types of harm if the person continues to use it. In Virginia, the DTSA has been adopted by the Virginia Trade Secrets Act of 2019. This act expands Virginia’s protection of trade secrets to include the DTSA’s provisions. This ensures Virginia businesses and individuals have the same protections applied to them as the rest of the United States.

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What is the Defend Trade Secrets Act of 2016?

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