Why is the Ninth Circuit’s decision with application of the DTSA considered a landmark decision?

The Ninth Circuit’s decision in Attia v. Google LLC marks a significant shift in trade secrets law because:

  • it allows for claims of trade secrets misappropriation to be brought under the DTSA even if the misappropriation began before the 2016 enactment of the DTSA;

  • significantly expands potential liability for defendants of trade secrets claims; and

  • extends federal protection where the Uniform Trade Secrets Act may not.

Read about how the Ninth Circuit reasoned that retroactive application of the DTSA is appropriate in misappropriation cases.

Klemchuk LLP

This blog is published by Klemchuk LLP, a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services.

The firm publishes Ideate, a blog discussing the latest news and insights into intellectual property law, business, and culture.

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