We are rapidly approaching the fifth anniversary of the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1831 et seq. (effective May 2016). As many know, the statute amended sections of the previously enacted Economic Espionage Act of 1996 (EEA), Pub. L. No. 104-294, which had criminalized the theft of trade secrets in certain contexts. The question of whether misappropriation that occurred outside the United States is subject to the DTSA will likely be litigated with increased frequency.

Continue reading the full article, “The Defend Trade Secrets Act and Extraterritoriality,” originally published by ABA Journal Jan. 12, 2021. Reprinted with permission.