New Federal Trade Secrets Protections for Employers
1 min read
Apr 28, 2016
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

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



