Understanding the Defend Trade Secrets Act (DTSA) – the federalization of trade secrecy law

An evening symposium presented by Loyola of Los Angeles Law Review
15 February 2017
6:00pm – Merrifield Hall

Arguably the most important intellectual property law in years, the 2016 Defend Trade Secrets Act (DTSA) is the first general federalization of trade secrecy law in the history of the United States.   DTSA not only establishes a new federal cause of action for private parties against theft of trade secrets, it also creates a new ex parte seizure mechanism to allow plaintiffs to seize allegedly stolen trade secret items in a defendant’s possession and includes a whistleblower immunity provision for reporting violations of law to the government.

Each of our speakers was deeply involved in the policy discussions surrounding DTSA and the symposium discussion will explore the new law’s scope; how it is likely to interact with existing state trade secrecy laws and federal laws;  possible unintended consequences of the new law; and whether DTSA will make any difference in the overall “cybersecurity” landscape.

Symposium Speakers:

Dave Green is Assistant General Counsel in Microsoft’s Intellectual Property Policy Group, counseling Microsoft on complex global IP issues impacting its products and online services. Dave has taught IP Management at UW, is an advisor to its Business Development program, chaired the ABA Committee on New Media and Innovation, and served as trustee of The Copyright Society.  Mr. Green currently sits on the ABA’s Trade Secret Practices Committee, and participating on behalf of the tech industry during the various drafts of the DTSA.

James Pooley is a former Deputy Director General of the World Intellectual Property Organization (WIPO) and past president of the American Intellectual Property Law Association.   He is the author of Secrets: Managing Information Assets in the Age of Cyberespionage and the Senate Judiciary Committee relied on his expert testimony and advice during consideration of DTSA.  Mr. Pooley is currently Senior Counsel at Orrick Herrington & Sutcliffe, working in their Silicon Valley office.

Elizabeth A. Rowe is the Feldman Gale Term Professor in Intellectual Property Law at the University of Florida Law School.   She is co-author ofCases and Materials on Trade Secret Law, the country’s first case book in the subject area and now in its second edition.  At the University of Florida, Professor Rowe teaches Trademark Law, Patent Law, Trade Secret Law, and Corporate Espionage.  Prior to entering academia, she was a partner at Hale and Door LLP (now WIlmerHale) practicing complex commercial litigation.

Moderated by:

Ryan Calo is our moderator for this symposium. Professor Calo teaches at the University of Washington School of Law, where he is faculty co-director of the University of Washington Tech Policy Lab, a unique, interdisciplinary research unit that spans the School of Law, Information School, and Department of Computer Science and Engineering.