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  • Hilary Sumner

Theft of Trade Secrets Act Signed into Law

Updated: Aug 24, 2023

On December 28th, President Obama signed the Theft of Trade Secrets Act into law (18 U.S.C. §§ 1831-39). This act amends the Economic Espionage Act of 1996 (EEA) and grants federal courts much broader jurisdiction over trade secret misappropriation cases. In the past, state laws governed trade secret protection and federal jurisdiction was only granted in cases where the trade secret misappropriation involved a product that the company used or sold in interstate or foreign commerce. Items used internally within a company did not fall within federal jurisdiction. The current law expands federal jurisdiction, allowing oversight in trade secret cases involving “a product or service used in or intended for use” in commerce.

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