On the recordOctober 8, 2015
Yes, it is, I say to Senator Hatch. After all that work together, all that consultation, when we introduced this bill last Congress, we wanted to make sure the ex parte provision couldn't be used for abuse, so we required that the party seeking ex parte review must make a rigorous showing that they owned the trade secret, that the trade secret had been stolen, and that third parties would not be harmed if an ex parte order were granted. We also included damages for wrongful seizure, including attorneys' fees. And with that whole combination of important measures to ensure that the ex parte seizure capabilities under the statute are not misused, I think we achieved real consensus at that time. Isn't that right, Senator Hatch?





