Jenner & Block Partner Brent Caslin was interviewed by a columnist for the Nikkei, one of the most prominent newspapers in Japan. Titled “New US Law Protects Trade Secrets More,” the column addresses the Defend Trade Secrets Act of 2016, which was enacted in May. Because there were only state trade secret laws before that, Mr. Caslin observes that many U.S. companies previously relied on the Computer Fraud & Abuse Act to gain federal jurisdiction for trade secret cases, stating that “companies relied on a federal law that is similar to the Japanese law prohibiting unauthorized access to computers to bring the case to a federal court, which is generally considered better than state court in terms of the quality and speed.” He also noted that the new U.S. law provides an ex parte seizure procedure. Mr. Caslin added: “More and more Japanese companies may actively seek protection for trade secrets in the U.S.” since the United States has strengthened its trade secret law.
Mr. Caslin manages commercial and intellectual property disputes in the western United States and around the Pacific Rim. He has tried civil and criminal cases, argued before state and federal appellate courts, and represented clients in domestic and international arbitration tribunals.