Defend Trade Secrets Act (DTSA) Notice of Immunity Provision

Summary

This non-jurisdictional clause is a Defend Trade Secrets Act (DTSA) Notice of Immunity Provision that can be used as a clause in an employment agreement or contract to inform employees of the DTSA's whistleblower immunity. This clause includes drafting notes and practical guidance. The remedies for employers suing former employees for trade secret misappropriation under the DTSA include punitive damages and attorney's fees. To take advantage of these remedies, however, an employer must advise its employees of the existence of the whistleblower immunity in any contract or other employment agreement entered into after the enactment of the DTSA. 18 U.S.C. § 1833(b)(3). As such, advise employers to strongly consider updating the following documents to include either the required notice or a cross-reference to a policy document that includes a statement about the DTSA's whistleblower immunity: (i) employment contracts and agreements containing trade secret or confidentiality clauses, (ii) ...