Orrin Hatch: “I thank my colleague and longtime friend from Iowa, Senator Chuck Grassley, for the question. Indeed, the Defend Trade…”

“I thank my colleague and longtime friend from Iowa, Senator Chuck Grassley, for the question. Indeed, the Defend Trade Secrets Act provides a trade secret owner with a right of action to go to court ex parte to have the trade secret seized and returned before the misappropriator can divulge it and cause it to lose its protection or before significant destruction of evidence. The provision is tailored to prevent abuse--balancing the need to recover a stolen trade secret with the rights of defendants and third parties. We drafted the bill to require the party seeking ex parte review to make a rigorous showing that they owned the secret, that it was stolen, and that third parties would not be harmed if an order were granted. We required a hearing at the earliest possible date. We also included damages for wrongful seizure, including attorney's fees. Could the Senator discuss the intent behind that language?”