Defend Trade Secrets Act and RICO: Expanded Third-Party Liability, Jurisdiction, Venue and Treble Damages

A live 90-minute CLE webinar with interactive Q&A

Wednesday, April 3, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 8, 2019

or call 1-800-926-7926

This CLE webinar will guide IP counsel on using the new Defend Trade Secrets Act of 2016 (DTSA), examine critical sections, and compare it with the Uniform Trade Secret Act and state trade secret laws. The panel will offer best practices for IP attorneys going forward under the DTSA.


The DTSA has added Sections 1831 (economic espionage) and 1832 (trade secret tTheft) as Racketeering Influenced and Corrupt Organizations Act (RICO) predicate acts. There is also extraterritorial jurisdiction. These changes in the law widen the scope of third-party liability for trade secret theft and foreign economic espionage with all the advantages of a RICO cause of action coupled with a DTSA cause of action.

Under RICO, treble damages are mandatory. Application of RICO alleviates some of the challenges plaintiffs face when seeking increased damages or attorney's fees, which are both are at the trial court's discretion under the DTSA. This, in addition to the benefit of RICO's jurisdiction and venue provisions, provides trade secret owners with a powerful tool to deter trade secret theft and protect trade secret assets.

Listen as our authoritative panel reviews essential sections of the DTSA and examines the interplay with RICO. The panel will discuss how companies and trade secret owners can leverage the expanded liability and better protect trade secret assets.



  1. DTSA and RICO
    1. Predicate offenses: Sections 1831-1832
    2. Extraterritorial jurisdiction: Section 1837
  2. Expanded third-party liability
  3. Recent court decisions
  4. Litigation best practices: UTSA, DTSA, RICO


The panel will review these and other key issues:

  • What is the interplay between the DTSA and RICO?
  • What benefits does the application of RICO provide to trade secret owners addressing a trade secret theft?
  • What steps should trade secret owners and counsel take to leverage the DTSA and RICO?


Grell, Jeffrey
Jeffrey E. Grell

Manager, RICO Practice
Grell Feist

Mr. Grell is an international authority on the Racketeer Influenced and Corrupt Organizations (RICO) Act. He is a...  |  Read More

Halligan, R. Mark
R. Mark Halligan


Mr. Halligan focuses his practice on IP litigation and complex commercial litigation. He has successfully represented...  |  Read More

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