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Courts Continue to Find the Federal Trade Secrets Act Reaches Extraterritorial Conduct

Summary - Courts across the country have found that the DTSA can reach a foreign defendant’s conduct when — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of the misappropriation was committed in the United...more

Hytera Petitions Supreme Court to End DTSA’s Extraterritorial Reach

Summary In July 2024, the Seventh Circuit concluded that the DTSA can reach all of a defendant’s worldwide sales caused by the misappropriation, so long as — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of...more

Virginia: Trade Secret Plaintiffs Must Prove Unjust Enrichment Damages

The Virginia Court of Appeals reversed a $2 billion jury award for trade secret misappropriation under the Virginia Uniform Trade Secrets Act (VUTSA). The appellate court found error in the jury instruction for unjust...more

Trade Secret Remedies After Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd.

This is the second of two updates on the impact of Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., No. 22-2370, ___ F.4th ___ (7th Cir. 2024) on trade secret cases. The first update focused on the...more

Seventh Circuit Confirms Extraterritorial Reach of the Defend Trade Secrets Act

This is the first of two updates on the impact of Motorola v. Hytera on trade secret cases. The second update, regarding remedies, will be published next week....more

Fourth Circuit Holds a Trade Secret’s Value Must Not Merely Be Commercial, but Must Come From Its Secrecy

At a Glance - The Fourth Circuit’s decision in Synopsys, Inc. v. Risk Based Sec., Inc., No. 22-1812, 2023 WL 4009505 (4th Cir. June 15, 2023), highlights that trade-secret plaintiffs must prove that their secret...more

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