Orrin Hatch: “Sure. I want to thank Senator Coons for that helpful overview. As a Republican, I was initially cautious when he…”

“Sure. I want to thank Senator Coons for that helpful overview. As a Republican, I was initially cautious when he approached me about expanding Federal civil law to create a new private right of action for trade secret theft. After all, some have suggested that State law is sufficient, but after consulting with many in the business community, I was convinced that creating a Federal trade secrets law is the right approach. Soon after its introduction, the Heritage Foundation confirmed the need for Federal legislation. Mr. Alden Abbott from the Heritage Foundation writes: The lack of a federal civil remedy for victims of trade secret theft precludes owners of trade secrets from vindicating their rights under certain circumstances. Enjoining and sanctioning trade secret thieves who cross state lines is often difficult. . . . [A] federal civil statutory remedy would make Federal tribunals instantly available to aggrieved businesses that seek injunctions, which is particularly important when time is of the essence due to flight risks. Another problem we faced was ensuring that the ex parte seizure authority could not be used abusively or for anticompetitive purposes. When we began the drafting process last Congress, we started from scratch and asked for input from all interested stakeholders, especially in regard to the ex parte provision. We received many helpful suggestions and included them in the bill. That is correct, isn't it, Senator Coons?”