In several recent decisions, district courts have held that liability under the Defend Trade Secrets Act can extend to extraterritorial defendants. As set forth by Sheppard Mullin’s Tyler Baker in a prior blog post, the extraterritorial reach of the DTSA is rapidly expanding. Non-U.S. Companies and the DTSA: Parameters of a Developing Reality | Trade Secrets Law Blog (citing vPersonalize Inc. v. Magnetize Consultants Ltd., 437 F. Supp. 3d 860, 878 (W.D. Wash. 2020); Micron Tech. Inc. v. United Microelectronics Corp., No. 17-cv-06932-MMC, 2019 WL 1959487 (N.D. Ca. May 2, 2019); Motorola Solutions Inc. v. Hytera Commc’ns Corp., 436 F.Supp.3d 1150, 1165 (N.D. Ill. 2020); ProV In’tl Inc. v. Lucca, No. 8:19-cv-978-T-23AAS, 2019 WL 5578880 (M.D. Fla. Oct. 29, 2019)). As Mr. Baker observed, these rulings create a risk for foreign entities regarding trade secret theft, as federal courts have held that foreign actors may be subject to liability under the DTSA if the act in furtherance of the misappropriation occurred in the United States.
Latest Post
More Posts
The DTSA as a Tool for Foreign Entities’ Enforcement of Trade Secrets: A New Legal Frontier
New York DFS Plans to Streamline Supervisory Information Sharing
Commercial Division Rules Revamp Encourages International Arbitration Matters In The New York County Commercial Division
Keeping Up With The Commercial Division(s)
Second Circuit Holds RMBS-issued Certificates Are Exempt from the TIA
Second Circuit Holds Forum Selection Clause Supersedes FINRA’s Mandatory Arbitration Rule
TCPA Class Actions Coming To New York
TCPA Class Actions Coming To New York
First Department Refuses to Expand Jurisdiction over Foreign Entities
Subscribe: Subscribe via RSS