On the recordApril 4, 2016
I thank Senator Hatch. The Defend Trade Secrets Act is the product of bipartisan consensus, and as he will recall, before the bill was approved in the Senate Judiciary Committee, a modification added language that ex parte seizures would be granted under ``extraordinary circumstances.'' As I understand it, the ``extraordinary circumstances'' language was not added to impose an additional requirement for obtaining an ex parte seizure, but to acknowledge the Judiciary's general disfavor of ex parte procedures and to reinforce that particular circumstances are required to utilize the seizure provisions but still provide a much needed avenue for ex parte seizures when necessary. The legislation specifically lists these requirements for issuing an ex parte seizure order. For example, this authority is not available if an injunction under existing rules of civil procedure would be sufficient. The ex parte seizure provision is expected to be used in instances in which a defendant is seeking to flee the country or planning to disclose the trade secret to a third party immediately or is otherwise not amenable to the enforcement of the court's orders.





