The Defend Trade Secrets Act: Will the Landmark Waymo v. Uber Case Give It Teeth?

2017Trade Secret

Avery Minor

The Defend Trade Secrets Act (DTSA) was passed with bipartisan support in 2016 to federalize trade secret protection. Previously, only states could authorize these types of suits, leading to dissimilar outcomes as a result of different state laws. Because it is still in its infancy with very little precedence, federal courts have continued to gloss over the significance of the DTSA and address trade secret cases using state law alone. The heavily publicized case involving stolen trade secrets between two prominent technology companies, Waymo v. Uber, has given the court a chance to assert the relevance of the DTSA as a federal body of law encompassing trade secrets, but again it seems to have failed to pay heed to the issue. However the outcome of Waymo v. Uber comes out, one thing is for certain: it will have a far-reaching impact on both the future of trade secrets and the interpretation of the Defend Trade Secrets Act.

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