UPDATE: Will the U.S. Enact a Federal Trade Secret Law?

April 07, 2016
Post by Jill N. Link, Pharm.D.

The Filewrapper® series relating to all things trade secrets has previously updated the status of proposed federal trade secret legislation (available here). As previously reported there appears to be sufficient legislative support to enact legislation to establish a single, national standard for trade secret misappropriation with transparent procedural rules.

The Senate has taken the next step for approval of the legislation. On April 4th, the Senate unanimously passed a floor vote for the Defend Trade Secrets Act of 2016 (DTSA).  For additional Senate insight into the bipartisan support for this legislation the January 27th op-ed written by the sponsors of the legislation, Senators Hatch (R-Utah) and Coons (D-Delaware), in The Hill (available here) sets forth their rationale for having a federal cause of action for trade secret misappropriation. In part, the Senators use the exemplary case of trade secret theft experienced by DuPont - the chemical company who invented Kevlar body armor - to demonstrate the harm caused to companies by trade secret theft.

President Obama's administration has clearly indicated its support for the DTSA, including issuing a statement on Monday (available here). The next step will be for the U.S. House of Representatives to move forward with their trade secrets bill. In the House the bill is sponsored by Reps. Collins (R-Georgia) and Nadler (D- New York) with a staggering 128 co-sponsors.

In case you missed the last Filewrapper® post earlier this week, the fifth posting on trade secrets answered the question "Do I have a trade secret, confidential information or patentable subject matter?"(available here).

Post Categories

Comments (0)
Post a Comment

Captcha Image
Return to the Filewrapper Blog

Search Posts


The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

Connect with MVS

Enter your name and email address to recieve the latest news and updates from us and our attorneys.

Subscribe to: MVS Newsletter

Subscribe to: Filewrapper® Blog Updates

  I have read and agree to the terms and conditions of McKee, Voorhees & Sease, P.L.C.