is Chair of the Trade Secrets Litigation Group with Fenwick & West. He has extensive experience litigating technology and life science cases and has represented both plaintiffs and defendants in all stages of litigation, including emergency relief proceedings where he has successfully brought and defended applications for temporary restraining orders and motions for preliminary injunctions, in both federal and state courts.
There is now federal jurisdiction for trade secret theft. The DTSA creates a federal cause of action for trade secret misappropriation that largely mirrors the current state of the law under the Uniform Trade Secrets Act, which has been adopted by 48 states. The DTSA uses a similar definition of trade secrets, and a three-year statute of limitations, and it authorizes remedies similar to those found in current state laws. The DTSA will not preempt existing state law, which will preserve and afford plaintiffs’ options in regards to whether to file federal or state claims and which court to select.