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Sebastian Kaplan

is an associate in the Litigation Group with Fenwick & West. He litigates high-stakes intellectual property disputes involving copyrights, trademarks, and trade secrets and defends technology innovators from privacy and false advertising class actions.

Recent Articles by Sebastian Kaplan

The Defend Trade Secrets Act of 2016 Creates Federal Jurisdiction for Trade Secret Litigation

There is now federal jurisdiction for trade secret theft. The DTSA creates a federal cause of action for trade secret misappropriation that largely mirrors the current state of the law under the Uniform Trade Secrets Act, which has been adopted by 48 states. The DTSA uses a similar definition of trade secrets, and a three-year statute of limitations, and it authorizes remedies similar to those found in current state laws. The DTSA will not preempt existing state law, which will preserve and afford plaintiffs’ options in regards to whether to file federal or state claims and which court to select.