Katheryn Bradley and Colleen Mayer co-authored an article in Seattle Business magazine’s September issue titled “Attention, Businesses! Federal Law Provides New Tools for Protecting Your Trade Secrets.” The article discusses the Defend Trade Secrets Act (DTSA) — a new federal law that gives businesses the ability to file trade secret claims in federal court, and allows businesses to recover exemplary damages and attorneys’ fees.
To recover exemplary damages and attorney’s fees in federal court under the DTSA, however, your business will need to update its agreements with employees, contractors and consultants. Congress required that businesses provide notice that those workers have the right to disclose trade secrets — and are immune from liability — under limited circumstances. This includes when disclosure is made to a government official or attorney, when reporting or investigating a violation or the law, or when filing suit, if made under seal.
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