To embed, copy and paste the code into your website or blog: This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty occupation” visas. As a matter of first impression, the Court holds that the Defend Trade Secrets Act applies to post-enactment misappropriation that began prior to enactment of that statute, but that the plaintiff’s trade secret protection here was extinguished by publication in a patent application. Panel: Judges Wallace, Tashima, and Bade, with Judge Wallace writing the opinion.