Document Type
Note
Abstract
In order to better protect companies from losing their valuable trade secrets and prevent irreparable harm, Congress enacted the Defend Trade Secrets Act of 2016 (DTSA),8 the first federal civil protection given for trade secrets. In this paper, I argue that the DTSA has indeed not met its supposed goals, but the solution does not lie in preempting state law. Firstly, I explain the history, goals, and provisions of the DTSA and how it has failed to meet the original goals over the past three years. Secondly, I explain the argument for the DTSA to preempt state law and its supposed remedies. Thirdly, I reject the preemption argument and argue that to do so would leave some trade secrets without a remedy, harm state interests, take away an additional cause of action to trade secret theft victims, overburden the federal courts, and would not clarify the DTSA. Lastly, I provide recommendations for how to better improve the DTSA to meet its goals and create more consistent and clear trade secret jurisprudence.
Recommended Citation
Victoria Hanson,
Note: Improving the Defend Trade Secrets Act of 2016: Against Preempting State Trade Secret Law,
2
Notre Dame J. on Emerging Tech.
164
(2021).