If you’re curious about how the Defend Trade Secrets Act might impact your business head over to IPFrontline for this article by Jake Wharton and John Morrow. The attorneys run down what the law does and doesn’t do, along with providing insight into what all that means for businesses.
“With the implementation of the DTSA,” the pair explain, “businesses will now have available a federal cause of action. However, the DTSA will not preempt state laws, leaving open the possibility for federal and state misappropriation claims to be brought in the same federal action.”
The law went into effect on May 12, after receiving overwhelming support from President Obama and Congress.
Jake Wharton is a partner in Womble Carlyle’s Intellectual Property Practice Group. He advises clients on all aspects of intellectual property law, including trade secret misappropriation and overall protection and enforcement strategies. He has represented clients before dozens of federal district courts, several appellate courts, and the U.S. Supreme Court.
John Morrow currently chairs Womble Carlyle’s Intellectual Property Litigation Group, where for the past 19 years he has served as first and second chair in state or federal courts representing clients in matters including all aspects of trade secret misappropriation, patent infringement, trademark infringement, unfair competition, copyright infringement, false advertising, and antitrust lawsuits.