Practice Resource

Protecting Trade Secrets

The Impact of Trade Secret Theft on American Competitiveness and Potential Solutions to Remedy This Harm

December 02, 2015

On December 2, 2015, the Senate Judiciary Committee held a hearing on “Protecting Trade Secrets: The Impact of Trade Secret Theft on American Competitiveness and Potential Solutions to Remedy This Harm.” The committee is considering the Defend Trade Secrets Act (S. 1890 and H.R. 3326) which would establish for the first time a federal civil private right of action for trade secret misappropriation.

The legislation, which would modernize and strengthen trade secret law, would amend the Economic Espionage Act of 1996 (EEA). Given Mark Krotoski’s experience handling a variety of foreign economic espionage and trade secret cases under the EEA, he submitted a statement for the hearing which was submitted into the hearing record by Senator Chris Coons (D-DE). 

Mark Krotoski also assisted in drafting a letter which was signed by 20 trade secret trial lawyers in support of the legislation.  The letter was also introduced into the hearing record.