On January 28, the Senate Judiciary Committee unanimously approved legislation that would create the first private right of action for trade secrets theft in federal court (S. 1890). The legislation, known as the Defend Trade Secrets Act (“DTSA”), modifies the Economic Espionage Act (“EEA”) and provides civil remedies in addition to the criminal penalties already available under the EEA. The DTSA will not pre-empt preexisting state laws, as it is intended to provide greater predictability and consistency for companies that conduct business in various states. The bill now moves to the Senate floor for debate, where it has bipartisan support.
Read the bill here.