Wednesday, March 10, 2021
(
This is part of the Restrictive Covenant Report “Employers’ Toolbox Series,” where we examine lesser-utilized methods of protecting confidential information, trade secrets, and
other business interests.)
The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836,
et seq., is approaching its fifth anniversary after being signed into law by President Barack Obama on May 11, 2016. To celebrate, we are highlighting some of the issues that have developed in five years of litigating the law’s most notorious feature:
ex parte seizure orders.
ex parte seizure provision has always been controversial. Under the DTSA, an
ex parte seizure order permits immediate confiscation of private devices like desktop computers, laptops, smartphones, or tablets without any advance notice to the device owner, and on the strength of the applicant’s evidence only. Once granted, the order is served and executed by U.S. Marshalls or other
(
This is part of the Restrictive Covenant Report “Employers’ Toolbox Series,” where we examine lesser-utilized methods of protecting confidential information, trade secrets, and
other business interests.)
The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836,
et seq., is approaching its fifth anniversary after being signed into law by President Barack Obama on May 11, 2016. To celebrate, we are highlighting some of the issues that have developed in five years of litigating the law’s most notorious feature:
ex parte seizure orders.
ex parte seizure provision has always been controversial. Under the DTSA, an
ex parte seizure order permits immediate confiscation of private devices like desktop computers, laptops, smartphones, or tablets without any advance notice to the device owner, and on the strength of the applicant’s evidence only. Once granted, the order is served and executed by U.S. Marshalls or other law enforcement officers, similar to a cri