JULY 14, 2020 ∙ ARTICLE

The general principle is that a congressional statute applies domestically unless there is an affirmative statement by Congress that demonstrates an intent for that provision to apply extraterritorially. Courts are reluctant to find such congressional intent unless it is explicit. However, for the first time, a U.S. court has held that private civil actions for damages under the Defend Trade Secrets Act (“DTSA”) apply extraterritorially based on U.S. conduct involving misappropriation that occurred overseas.

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