In Part 1 of this Series, we introduced the new “Defend Trade Secrets Act of 2016” (“DTSA”) signed into law by President Obama in May 2016, which on first read, appears to create some uniformity into a patchwork of differing State law allowing companies to pursue trade secret thieves. DTSA has not been universally received as a panacea to solve the growing problem of trade secret piracy, however, and many believe that it is likely to make things worse, especially for innovators and start-up companies. How can this be?
Is Your Company Exposed To Spoliation And Non-Compliance Claims?
As if collecting and storing archived data for eDiscovery or FOIA requests was not challenging enough, our techs are now advising us that most email data migrations are inherently flawed, potentially resulting in corrupted email files. Further, companies are unlikely to realize this until it is too late, namely when they are accused of spoliation during a litigation or unable to properly produce records sought by a governmental authority.