Congress Ponders Civil Law Remedy For Trade Secret Theft

Trade secret theft is a growing problem, write Covington & Burling attorneys Richard Hertling and Aaron Cooper, and legislation currently being considered in Congress would provide an important addition to existing protections. Trade secrets, unlike other forms of intellectual property, currently are not protected under federal civil law, but rather by a patchwork of state laws, as well as criminally under the Economic Espionage Act of 1996. The proposed law is called the Defend Trade Secrets Act (S. 2267). Similar legislation has been introduced in the House.