Skip to main content

Episode 8 of Greenberg Traurig’s Trade Secret Law Evolution Podcast Explores “Preemption, Proving Likelihood of Success After Unauthorized Mass Download, Federal Subject Matter Jurisdiction and Pre-DTSA Misappropriation”

LOS ANGELES – Oct. 11, 2019 – Global law firm Greenberg Traurig, LLP released Episode 8 of the Trade Secret Law Evolution Podcast, titled “Preemption, Proving Likelihood of Success After Unauthorized Mass Download, Federal Subject Matter Jurisdiction and Pre-DTSA Misappropriation.” 

Co-hosted by Greenberg Traurig Shareholder Jordan D. Grotzinger and Associate Kevin J. Cole, Episode 8 discussed preemption of claims based on trade secret theft, how to establish likelihood of success to obtain injunctive relief following an unauthorized mass download of company information, the Defend Trade Secrets Act’s (DTSA) subject matter jurisdiction requirement, and DTSA violations that began before DTSA’s enactment.  

Key takeaways included:

  • The Uniformed Trade Secret Act (UTSA) preempts claims based on misappropriation, unless contractual or criminal in nature.     
  • With large document download, you don’t need to establish every stolen document as a trade secret to obtain an injunction.  To establish likelihood of success on trade secret misappropriation claim, at least summarize in detail the kinds of documents stolen, which should be types generally held to be trade secrets, and establish that Plaintiff took reasonable measures to keep them secret.  Suspicious circumstances also help. 
  • To establish DTSA subject matter jurisdiction, Plaintiff must plead a relationship between (i) the secret information (i.e., the trade secret) and (ii) a product or service used or intended for use in interstate commerce.
  • The DTSA applies to continuing misappropriation that began prior to—but continued after—the DTSA’s enactment.

The Trade Secret Law Evolution Podcast is designed to help business leaders, in-house counsel, and entrepreneurs stay current on trade secret law, to help them protect their companies’ most valuable assets. Each episode addresses recent developments in the law and concludes with key takeaways. The podcast is available on the Greenberg Traurig website, as well as on Apple Podcasts, Stitcher, and Spotify.

Episodes to date:

Pilot Episode
Agency, Statute of Limitations, Inevitable Disclosure and More
Trade Secret Identification, Irreparable Harm and More
Sovereign Immunity from Trade Secret Theft and What Courts Consider When Ruling on Trade Secret Status
Choice of Law, Trade Secret Identification, Supporting Independent Economic Value and More
What Trade Secret Identification Really Means, Consent to Disclosure, and Sufficiency of Evidence
Soaring Litigation Costs, What to do About it, Proving That Your Asset is a Trade Secret, and Keeping it That Way

The Trade Secret Law Evolution Podcast was created by Grotzinger, who co-chairs the Los Angeles Litigation Practice. Grotzinger is a business trial lawyer focusing on trade secret law, consumer class action defense, financial services, and entertainment litigation in federal and state courts. He has tried jury and non-jury cases throughout California and has argued before the Ninth Circuit Court of Appeals and the California Court of Appeal.

About Greenberg Traurig, LLP:
Greenberg Traurig, LLP (GT) has approximately 2100 attorneys in 41 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. Web: Twitter: @GT_Law.