In 2017, I expect to see an uptick in trade secret litigation filings.  Business owners should be familiar with the Defend Trade Secrets Act (“DTSA”), which was signed into law in the middle of 2016.  The Act created a federal cause of action for misappropriation of trade secrets and also enables a party to obtain seizure orders and exemplary damages for willful infringement.  As a result, as business owners become more aware of the law, we will likely see more trade secret owners availing themselves of the rights and remedies available.  Also, as cases under the DTSA increase, federal courts will begin to enter decisions interpreting the new law, which will provide insight on how trade secret claims should be litigated.  I’m closely monitoring the developing case law under DTSA, because more and more companies are starting to rely on trade secret protection to give them a competitive edge.

Counsel to CampolEryn Truongo, Middleton & McCormick, LLP, Eryn Y. Truong, Esq. chairs the firm’s Intellectual Property group.  Her practice encompasses a wide range of IP matters including trademarks, copyrights, trade secrets, privacy rights, licensing disputes, and domain name dispute resolution.  Eryn manages trademark portfolios for national retail stores and manufacturers and regularly counsels clients on potential or pending infringement problems.  Contact Eryn at etruong@cmmllp.com.