IP Litigator Quoted in Managing Intellectual Property Article on Trade Secrets Act
Intellectual property litigation partner Peter Brody (Washington, D.C.) was quoted in a Managing Intellectual Property article on April 12 discussing areas of uncertainty that exist in the Defend Trade Secrets Act (DTSA), which he discussed as a speaker at Managing IP’s “U.S. Patent Forum” in Washington, D.C.
Mr. Brody explained that DTSA grey areas include hacking, cloud-based computing activities and employee access. He noted that only two ex parte seizure orders have been granted so far under the DTSA, including one to Ropes & Gray.
Since most courts and law enforcement have no experience in this area, he advises that papers be written to educate the court on the DTSA, why there is an ex parte seizure remedy, why it is important that the court take the order seriously, and what the risks are for not moving in secret to execute the order.