New Federal Trade Secrets Protections for Employers
Both the U.S. Senate and House have passed the Defend Trade Secrets Act of 2016, and it is expected to be signed by President Obama in short order.
The Act, which amends the Economic Espionage Act (18 USC § 1831), establishes a federal trade secrets law that can be enforced in federal court. Owners of trade secrets that are used or intended to be used in interstate or foreign commerce can pursue a variety of civil remedies. The most controversial of those remedies is ex parte seizure. An aggrieved party can petition the court to order law enforcement officials to seize, ex parte, any property "necessary to prevent the propagation or dissemination of the trade secret." Other remedies include injunctive relief, damages and punitive damages of up to twice the amount of actual damages awarded. Claims must be filed within three (3) years from the time the misappropriation was discovered or should have been discovered.
Given the increasing amount of trade secret theft by foreign nationals who gain access to a business' trade secrets through consulting or employment relationships, this new law should provide much needed relief. Employers who suspect current or former employees, consultants, or competitors have misappropriated trade secrets for use in other businesses or with foreign nationals should evaluate their potential claims under this new law.
For more information about the Defend Trade Secrets Act of 2016 contact Jane Schlicht, your Hinshaw attorney, or a member of the firm's Intellectual Property Practice.
Featured Insights

Employment Law Observer
Dec 8, 2025
12 Days of California Labor and Employment: 2025 Year in Review

Press Release
Dec 4, 2025
Hinshaw Recognized by the Leadership Council for Legal Diversity as a 2025 Top Performer

Press Release
Nov 25, 2025
Hinshaw Legal Team Secures Summary Judgment in Gas Station Injury Case

Press Release
Nov 18, 2025
Hinshaw Releases the Third Edition of Duty to Defend: A Fifty-State Survey

In The News
Nov 13, 2025
A Profile on Neil Rollnick: After 57 Years in Practice, He Has No Plans to Retire

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand





