3 Second, unlike the UTSA, the DTSA provides for ex parte seizures of property when necessary to prevent the dissemination of a misappropriated trade secret. First, where its interstate commerce requirement is met, the DTSA confers original jurisdiction on federal courts to hear trade secret misappropriation claims. THE ENACTMENT OF DTSA USHERS IN THREE NOTABLE changes to trade secret law. The DTSA, although not preempting state law, borrows heavily from the UTSA, so much so that the burden that a trade secret claimant must meet to establish the existence of a trade secret and act of misappropriation is under both acts identical. 2 Prior to the DTSA’s enactment, private causes of action for trade secret misappropriation were solely a matter of state law, which in a vast majority of states was based on the Uniform Trade Secret Act (UTSA). The Defend Trade Secrets Act (DTSA) 1 creates for the first time a federal private cause of action for trade secret misappropriation.
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