When the Defend Trade Secrets Act (“DTSA”) took effect in May 2016, it offered claimants a powerful new federal remedy–an ex parte seizure order. Four years later, in this inaugural edition of our Focus on Trade Secrets video chat series, we discuss the status and utility of this remedy. Our discussion includes an overview of the requirements for obtaining a seizure order, the pros and cons considered in seeking such an order, and what the current case law tells us about the key factors courts have considered when evaluating seizure order requests. Listeners will leave this video chat with a better understanding of this valuable tool and how it fits into a litigant’s legal strategy.
Jennifer Ancona Semko focuses her practice on complex commercial litigation and internal investigations, with more than 20 years of experience litigating in state and federal courts across the United States. Jennifer represents clients in domestic and international disputes and has expertise in cross-border judicial processes. She also has guided clients through investigations by the US Department of Justice, SEC, EPA, NYSE, Senate Finance Committee, United Nations and other government agencies. She is currently the Chair of the Washington Office Litigation and Government Enforcement practice, as well as Co-Chair of the North American Commercial Litigation subgroup.
Kevin O'Brien is a partner in Washington, DC and former Chair of the North America Intellectual Property Practice Group. Mr. O'Brien has served as Co-Chair of the Patent Litigation Committee of the Federal Circuit Bar Association and has taught a course on Trade and Competition at Johns Hopkins University. He is currently Chair of the Trade Secrets Business Unit of the Global IPTech Group.