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Shane Miller Authors Article on the Defend Trade Secrets Act for ACBA Lawyers Journal

Pittsburgh, Penn. (April 11, 2023) – Pittsburgh Associate Shane Miller recently authored an Allegheny County Bar Association (ACBA) Lawyers Journal article on the Defend Trade Secrets Act (DTSA), which was signed into law by President Obama in 2016.

As Mr. Miller’s piece describes, the DTSA allows trade secret owners to file lawsuits in federal court for instances when there was alleged misappropriation of confidential information. There has been a surge of these lawsuits in the past few years, and DTSA actions carry significant penalties which are difficult to defend.

In this Lawyers Journal article, Mr. Miller provides key takeaways for Pennsylvania lawyers and employers seeking clarity around the Act, including the three elements of a DTSA claim, the definition of a “trade secret,” and what it means to misappropriate, improperly acquire, or use a trade secret.

According to Mr. Miller, a trade secret is obtained by improper means “if acquired by theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.” Illegal use of a trade secret can involve unfair advantage of the confidential information to obtain economic benefits, increase commercial value, and assist with internal research and development. 

To end the article, Mr. Miller discusses the kinds of damages that courts can award under the DTSA, and how courts may award reasonable attorneys’ fees to the prevailing party under certain circumstances.

Mr. Miller is a member of the Labor & Employment Practice. He focuses his practice on defending companies in employment-related lawsuits, and has represented clients in administrative hearings, trial courts, and appellate courts throughout Pennsylvania. 

Read the full Lawyers Journal article on Page 19 here.

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