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In an unparalleled effort, the U.S. passed the Defend Trade Secrets Act (DTSA) on May 11, 2016, and less than a month later the EU passed Directive 2016/943 (EU 943). The two laws are substantially the same and have significant implications on international technology, business and employment.
DTSA – not to be confused with the Defense Technology Security Administration – creates the first U.S. private federal trade secret civil action with nationwide service and enforcement. Similarly, EU 943 creates the first private trade secret action applicable across all EU member states.
Companies engaged in cross-border U.S./EU business should be aware of the two new trade secrets laws, and the need to harmonize their policies and strategies for addressing the commonalities of the two new laws.
Speaker David Vance Lucas is a partner with Bradley Arant Boult Cummings LLP, where he provides legal strategy for technology and business. He applies legal, technological and operational experience to craft strategic advice on a variety of intellectual property, international trade and complex litigation matters.