This Article analyzes the extraterritorial provision in the Defend Trade Secrets Act (DTSA) and considers the arguments on both sides of the question as to whether Congress expressed an affirmative indication that section 1837 of the Economic Espionage Act (EEA) would apply to the DTSA. We tackle the confusion surrounding the DTSA’s extraterritorial reach and suggest the use of a “domestic effect test,” which could be implemented via either amending the statute to provide greater clarity on its extraterritorial intention, or, absent an amendment, as a means of guiding courts in interpreting the statute’s extraterritorial reach in civil cases. This proposal is consistent with how courts and Congress have approached other areas of law that have faced similar questions on a statute’s extraterritorial reach.
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
The 2024 edition of Selected Intellectual Property, Internet, and Information Law, Statutes, Regulations, and Treaties, edited by Professors Sharon K...
As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts...
The 2023 edition of Selected Intellectual Property, Internet, and Information Law Statutes, Regulations, and Treaties, edited by Professors Sharon K...
In 2018 the U.S. government announced that Chinese espionage was occurring in university research labs, and the Department of Justice subsequently...
The 2022 edition of Selected Intellectual Property, Internet, and Information Law Statutes, Regulations, and Treaties, edited by Professors Sharon K...
Obtaining or resisting some form of equitable relief is a key component of many trade secret disputes, both at an early stage and following trial on...
This chapter analyzes the extraterritorial provision in the Defend Trade Secrets Act (DTSA) and considers the arguments on both sides of the question...
The 2021 edition of this annual volume marks a transition from Roger Schechter’s longtime editorship of Selected Intellectual Property and Unfair...
This is the third edition of the first casebook in the United States devoted exclusively to trade secret law. As with previous editions, it is...
TOTM Symposium: Retrospective on Ajit Pai's Tenure as FCC Chairman. The following is part of a digital symposium by TOTM guests and authors on the...
This Article presents the first qualitative empirical review of permanent injunctions in trade secret cases. In addition, it explores the extent to...
The Supreme Court’s decision in Merrill v. Yeomans is widely and correctly viewed as a watershed case in which the Court first announced that the...
A simple observation started us off in writing Right on Time. Studying and teaching intellectual property law, we noticed striking parallels between...
Most people assume, if implicitly, that there is a substantial element of uniformity in our IP system. At first blush, our copyright and patent laws...