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In blow to Hytera, US Supreme Court won't review DTSA extraterritoriality

By Melissa Ritti ( February 24, 2025, 19:52 GMT | Insight) -- Findings by a US appellate court that Hytera can be held financially responsible for its surreptitious download of Motorola software in Malaysia won’t be disturbed. In its orders list today, the US Supreme Court denied a petition for writ of certiorari by Hytera that presented the following question for review: “Does the private right of action for trade secret misappropriation created by the Defend Trade Secrets Act of 2016 rebut the presumption against extraterritorial application of U.S. law?” The refusal to intervene means the DTSA can be wielded against foreign conduct, and a $407.4 million award in Motorola's favor will stand.The Defend Trade Secrets Act can continue to be applied extraterritorially, opening the door to global enforcement — and financial recovery — for the theft of proprietary information taking place abroad....

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