Elizabeth Rowe

The DTSA and Trade Secret Extraterritoriality

CO-AUTHORS Giulia C. Farrior
PUBLISHER
Edward Elgar Publishing
DATE
2021-09-23
 

Abstract

This chapter 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.

Citation

Giulia C. Farrior & Elizabeth A. Rowe, The DTSA and Trade Secret Extraterritoriality, in Sharon K. Sandeen, Christoph Rademacher, & Ansgar Ohly Research Handbook on Information Law and Governance, Edward Elgar Publishing, 217-233 (2021).
 

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