To embed, copy and paste the code into your website or blog: The Defend Trade Secrets Act (“DTSA”), enacted in 2016, created a federal right of action for misappropriation of trade secrets. The Ninth Circuit recently addressed for the first time whether a DTSA claim may be brought against misconduct predating the enactment of the DTSA. The Ninth Circuit held that it could, so long as the misappropriation continued until after the enactment of the DTSA. See In Attia, plaintiff Eli Attia developed a new architecture technology called Engineered Architecture (“EA”). In July 2010, Google approached Attia about partnering to create a program to implement EA. Attia disclosed his alleged EA trade secrets with the understanding that Google would compensate him if the program was successful. In 2011, Google allegedly filed patent applications based on the EA trade secrets. After the patents published in 2012, Google allegedly excluded Attia from the project and used Attia’s EA technology to create a new venture, Flux Factory. Attia filed suit asserting, among other claims, a claim pursuant to the DTSA. The district court dismissed Attia’s DTSA claim in part due to the fact that the alleged misuse occurred years before the DTSA was enacted. Attia appealed to the Ninth Circuit, which reversed that aspect of the district court’s decision.