Evaluating The 'Timing Defense' When Fighting DTSA Claims

By Jonathan Shapiro ( June 26, 2017, 2:58 PM EDT) -- The Defend Trade Secrets Act — enacted on May 11, 2016 — provides the first private federal cause of action for trade secret misappropriation, allowing parties to sue in federal court for trade secret misappropriation regardless of the dollar value of the trade secrets at issue. In the past year, federal courts seeing DTSA cases for the first time have parsed its language and clarified its scope. Savvy defendants have now established a viable strategy when faced with DTSA claims — moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to May 11, 2016 (the enactment date). At least a half-dozen courts have tackled this "timing defense" to DTSA claims, and defendants raising it in motions to dismiss have seen mixed results....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!