In the spirit of the new year, we offer a review of the first five years of the Defend Trade Secrets Act (“DTSA”). The DTSA, 18 U.S.C. § 1831 et seq., was signed into law on May 16, 2016. It provides for a federal civil cause of action for trade secret misappropriation and criminal
SEC Signals Shift to Aggressive Enforcement Policy
In October, the annual “SEC Speaks” event took place, where the SEC Chair, Commissioners, senior leaders and other staff provided public remarks and updates on the initiatives and priorities of the agency. One of the speeches was given by Gurbir Grewal, the new SEC Director of the Division of Enforcement. Director Grewal’s speech focused on
Supreme Court further Curtails SEC Remedies in Civil Enforcement Proceedings
Three years ago, the Supreme Court issued its decision in Kokesh v. U.S. Securities and Exchange Commission, 581 U.S. ___ (2017), holding that the remedy of disgorgement in SEC civil enforcement proceedings constitutes a penalty for statute of limitations purposes. Kokesh was issued alongside the decision in Honeycutt v. United States, 581 U.S.