"The Defend Trade Secrets Act: Four Takeaways Two Years Later" by Tom Wallerstein was published in The Daily Journal on April 18, 2018. Here is an excerpt:
The ground-breaking Defend Trade Secrets Act became law in May 2016. As we approach the two-year anniversary we consider four key developments to date: First, the DTSA's ex parte seizure provision has not lived up to its hype. The provision allows plaintiffs to get a court order that federal law enforcement seize the disputed trade secrets with no prior notice. Most observers thought that ex parte seizure would be among the DTSA's most consequential provisions. In practice, however, courts have been reluctant to apply it. Hundreds of DTSA cases have been filed, many dozens of plaintiffs have sought ex parte seizure, and only a handful of decisions show courts granting the request.
The ground-breaking Defend Trade Secrets Act became law in May 2016. As we approach the two-year anniversary we consider four key developments to date: First, the DTSA's ex parte seizure provision has not lived up to its hype. The provision allows plaintiffs to get a court order that federal law enforcement seize the disputed trade secrets with no prior notice. Most observers thought that ex parte seizure would be among the DTSA's most consequential provisions. In practice, however, courts have been reluctant to apply it. Hundreds of DTSA cases have been filed, many dozens of plaintiffs have sought ex parte seizure, and only a handful of decisions show courts granting the request.