Ipse Dixit

Robin Effron on Jurisdictional Limits on Trade Secret Enforcement


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In this episode, Robin J. Effron, Professor of Law at Brooklyn Law School, discusses her article "Trade Secrets, Extraterritoriality, and Jurisdiction," which was published in the Wake Forest Law Review. Effron begins by describing what trade secrets are and how Congress has recently created and expanded federal trade secret protection, ostensibly in response to foreign trade secret misappropriation. She explains how constitutional limitations on federal jurisdiction could make it difficult to use these new trade secret protections against foreign defendants, specifically noting the irony that many of the same people who argued for the expansion of trade secret rights also argued for the limitations on jurisdiction that could make enforcement of those rights difficult. And she speculates that the real target of federal trade secret law was not foreign misappropriators, but domestic ones, specifically former employees. Effron is on Twitter at @binsky18.

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