Non-U.S. companies should not assume they are immune from civil claims under the federal Defend Trade Secrets Act of 2016 (“DTSA”) simply because they are not U.S. companies.  Since the enactment of the DTSA four years ago, the statute’s extraterritorial application has not been a heavily-litigated issue; however, a recent series of federal decisions indicate that civil litigants may apply the DTSA to foreign defendants so long as some act in furtherance of the misappropriation occurred in the United States, even if the foreign defendants’ acts took place outside the United States.
Continue Reading Non-U.S. Companies and the DTSA: Parameters of a Developing Reality