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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.  ....

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