The DTSA's Missing Preemption: Does 1835(b) Bind State Courts?

"The provision 18 U.S.C. § 1835(b) prohibits courts from authorizing or directing the disclosure of information a party asserts to be a trade secret without first giving the owner the opportunity to file a submission under seal explaining why confidentiality should be maintained."

"Subsection (b) contains three sentences: a sealed-submission opportunity before compelled disclosure, a limit on the use of sealed submissions in Chapter 90 prosecutions, and a non-waiver rule for disclosures made in connection with such prosecutions."

"A new certiorari petition filed February 2, 2026, in Chaturvedi v. Bridge Over Corporation asks the Supreme Court to decide whether § 1835(b)'s confidentiality protections bind state courts exercising concurrent jurisdiction over disputes."

The Defend Trade Secrets Act includes a significant provision, 18 U.S.C. § 1835(b), which protects trade secret owners by requiring courts to allow sealed submissions before disclosing information claimed as a trade secret. This provision was restructured in 2016 to enhance procedural rights in federal cases. A recent certiorari petition in Chaturvedi v. Bridge Over Corporation questions whether these confidentiality protections apply to state courts with concurrent jurisdiction, potentially expanding the scope of the law's application beyond federal cases.

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