Stroock Special Bulletin
"Notice Requirements Under the Defend Trade Secrets Act ('DTSA')"
The Defend Trade Secrets Act (“DTSA”), like trade secret law of most states, allows for recovery of exemplary damages and attorney fees. However, notifying individuals who performed work as an employee, contractor or consultant (“Workers”) of the DTSA’s whistleblower immunity provisions is a precondition to recovery of exemplary damages and attorneys fees in an action for misappropriation under the DTSA. Although there is no liability for failing to notify a Worker of the immunity provisions, such failure precludes an employer’s recovery of exemplary damages and attorneys fees in a misappropriation action against that Worker.
This Stroock Special Bulletin explains how to implement the notice appropriately.