Quinn Emanuel Partner Rachel Epstein Quoted in MLex: "US Trade Secrets Law Turns 10: DTSA Fills IP Gap in Digital Era"

Ten years ago, the Defend Trade Secrets Act (DTSA) gave companies their first federal civil remedy for trade secret theft. Before it, businesses were left navigating a patchwork of inconsistent state laws: varying definitions, remedies, and procedures that created real uncertainty, especially for companies operating across multiple jurisdictions.

For Quinn Emanuel's Rachel Epstein, Co-Chair of the firm's Trademark, Copyright, and Trade Secret practices, the shift has been fundamental.

"It has created ... an overarching national framework, rather than relying on a patchwork of state laws."

The numbers back it up. Filings have more than doubled since 2016, with practitioners overwhelmingly favoring the federal route. For Epstein, the reason is straightforward: "Trade secret protection fills a gap," particularly for digital assets and data that don't always qualify for patent or copyright protection.

And she sees no sign of slowing: "The trend that I'm seeing is that both judges and practitioners have become much more comfortable with trade secret law."