The Defend Trade Secrets Act gives trade secret owners a federal cause of action, and it changes the strategic calculus for misappropriation. Federal court, uniform standards, and powerful remedies are now on the table alongside state law. We use the DTSA to protect your confidential information when it walks out the door, and we counsel you on the notice and immunity rules that come with relying on it.
Access To Federal Court
The DTSA creates federal jurisdiction for trade secret claims tied to interstate or foreign commerce, so you are no longer confined to navigating a patchwork of state courts and statutes. That means a single national standard, federal procedure, and often a more efficient path when misappropriation crosses state lines. We assess whether a federal claim, a state claim, or both gives you the strongest position and the most useful leverage.
Ex Parte Civil Seizure
In extraordinary circumstances, the DTSA lets a court order seizure of misappropriated trade secrets without prior notice to the other side, a tool aimed at stopping irreversible dissemination before it happens. The bar is high and the procedure is unforgiving. We evaluate honestly whether your facts meet it, prepare the demanding application the statute requires, and defend clients against seizure requests that overreach the narrow circumstances Congress intended.
Remedies And Damages
The DTSA backs its claims with real consequences: injunctive relief to stop continued use, damages for actual loss and unjust enrichment or a reasonable royalty, exemplary damages of up to double for willful and malicious misappropriation, and attorneys' fees in exceptional cases. We build the damages theory the facts support and pursue the enhanced remedies when the other side's conduct earns them, while keeping the claim grounded in provable harm.
Whistleblower Immunity Notice
The DTSA contains an immunity provision protecting individuals who disclose trade secrets in confidence to the government or in a court filing to report a suspected violation of law. It also conditions certain remedies on giving employees notice of that immunity in confidentiality agreements. We make sure your agreements include compliant notice so you preserve access to exemplary damages and fees, and we advise individuals on when the immunity applies.