Intellectual Property
May 21, 2021
Navigating whistleblower immunity for trade secret misappropriation
The 2016 Defend Trade Secrets Act grants immunity from trade secret liability to anyone who discloses a trade secret to an attorney or government official “solely for the purpose of reporting or investigating a suspected violation of law.”
Tom Wallerstein
Partner
Venable LLP
101 California St Ste 3800
San Francisco , California 94111
Phone: (415) 653-3707
Email: twallerstein@venable.com
Tom is a partner in Venable's Litigation Group. His practice focuses on trade secret, non-compete and other employment litigation; intellectual property disputes; partnership disputes and general, high-stakes complex commercial litigation.
Antonia I. Stabile
Associate
Venable LLP
Phone: 415-653-3734
Email: aistabile@venable.com
Antonia focuses on complex commercial disputes and class action defense.
The 2016 Defend Trade Secrets Act grants immunity from trade secret liability to anyone who discloses a trade secret to an attorney or government official "solely for the purpose of reporting or investigating a suspected violation of law." 18 U.S.C. Section 1833(b)(1)(A)(ii).
DTSA's immunity provision recently has been construed to grant immunity to a defendant even if the plaintiff alleges liability under a state trade secret law in...
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