The Defend Trade Secrets Act (“DTSA”), enacted in 2016, created a federal right of action for misappropriation of trade secrets. The Ninth Circuit recently addressed for the first time whether a DTSA claim may be brought against misconduct predating the enactment of the DTSA. The Ninth Circuit held that it could, so long as the misappropriation continued until after the enactment of the DTSA. See Attia v. Google LLC, — F.3d —, 2020 WL 7380256 (9th Cir. 2020).
Continue Reading Ninth Circuit Applies the “Continued Use” Doctrine to the Defend Trade Secrets Act