The 'New' Economic Espionage Act, as Amended by the Defend Trade Secrets Act of 2016

Abstract

With the passage of the Defend Trade Secrets Act of 2016, and the expected signing of the legislation by President Obama, trade secret law as we know it is changing. While the DTSA is largely based upon the Uniform Trade Secrets Act, it raises a number of unique and interesting issues that will keep trade secrets scholars, like me, busy for years.To facilitate everyone's review and understanding of the new legislation, I have prepared a red lined version of the existing Economic Espionage Act of 1996 with the new DTSA provisions added and deleted as noted in the DTSA.