is a partner with Winston & Strawn, LLP. Mr. Fazio works in the firm’s Chicago office and his practice focuses on labor and employment law. Mr. Fazio’s experience includes representing employers in wage and hour class actions, competition and trade secret matters, ERISA litigation, and single-plaintiff wrongful termination, discrimination, harassment, and retaliation litigation in state and federal courts. He also has experience representing clients in proceedings before the National Labor Relations Board and other government agencies, such as the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, and the Illinois Department of Labor. For more information, or to contact Mr. Fazio, please visit his firm profile page.
The DTSA amends the federal Economic Espionage Act of 1996 to create, for the first time, a federal civil remedy for the misappropriation of trade secrets. This new law provides a clear path to enforce trade secret rights in federal court. Proponents of the DTSA argue that this will lead to more uniformity and predictability in applicable standards. However, that remains to be seen. The DTSA does not preempt any existing state laws governing trade secret enforcement. Accordingly, to the extent that state laws differ from each other and the DTSA, the differences will likely persist despite the new federal scheme.