in the area of trade secrets is the recent
passage of the federal Defend Trade Secrets
Act (DTSA). Until 2016, trade secrets
were the exception to the federal approach
to protecting intellectual property. In this
article, we give an overview of the DTSA,
compare it to the Georgia Trade Secrets
Act (GTSA), and note some of the case law
developments in the first year since the
DTSA's passage. While state law on trade
secrets varies widely, a comparison of the
DTSA to the GTSA will illustrate some of
the possible nuances in the pre-DTSA state
trade secrets regimes.
May 11, 2016,
a federal private civil cause of action for
theft or misappropriation of trade secrets,
provided the trade secret "is related to a
use in, interstate or foreign commerce."
Congress' much-anticipated response to the
growing problem and harm caused by trade
secret theft. The DTSA passed with nearly
unanimous congressional support.
The DTSA does not preempt existing
state law, and so it will not preempt the
GTSA.
or other civil remedies under Georgia law
for misappropriation of trade secrets. Rather,
the DTSA exists alongside state law and
is a separate cause of action that provides
additional protection for businesses' trade
secrets.
Like the GTSA, the DTSA prohibits the
actual or threatened misappropriation of
trade secrets, and it provides for a number
of remedies, including: ex parte seizure;
encompassing appeals, business torts, contracts,
corporate governance, covenants not to compete,
employment, entertainment, franchise, insurance
coverage, intellectual property, officer and director
liability, professional liability, securities litigation,
shareholder disputes and trade secrets.
complex litigation in the areas of business torts, appeals,
contract, intellectual property, corporate governance,
restrictive covenants, securities and trade secrets.
companies, business owners and high-level executives
in business disputes, particularly disputes involving
non-competition agreements, trade secrets and
corporate governance.
1201 West Peachtree Street
One Atlantic Center, Suite 3250
Atlanta, Georgia 30309
boutros@khlawfirm.com
ellis@khlawfirm.com
khlawfirm.com