News & Analysis as of

Corporate Counsel Defend Trade Secrets Act (DTSA) Uniform Trade Secrets Acts

Skadden, Arps, Slate, Meagher & Flom LLP

9th Circuit Ruling Offers Guidance on Timing of Trade Secrets Disclosures in DTSA Cases

On August 12, 2025, the U.S. Court of Appeals for the Ninth Circuit reversed a district court ruling striking certain trade secrets asserted by a plaintiff on the grounds that the plaintiff had not spelled out its trade...more

Womble Bond Dickinson

Ninth Circuit Clarifies DTSA’s Trade Secret Identification Requirements

Womble Bond Dickinson on

In an August 12, 2025 decision, the Ninth Circuit emphasized important differences between the federal Defend Trade Secrets Act (“DTSA”) and the California Uniform Trade Secrets Act (“CUTSA”)—differences which might...more

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

Dorsey & Whitney LLP on

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

ArentFox Schiff

Seventh Circuit Affirms the Availability of Head Start Damages in Trade Secrets Cases

ArentFox Schiff on

On August 20, 2020, the US Court of Appeals for the Seventh Circuit affirmed a $140 million jury verdict in a published opinion reiterating the important role of unjust enrichment damages in compensating victims of trade...more

Littler

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

K&L Gates LLP

Emerging Trends in Defend Trade Secrets Act Litigation

K&L Gates LLP on

Congress created the first statutory private federal cause of action for trade secret misappropriation when it enacted the Defend Trade Secrets Act (“DTSA”) on May 11, 2016. Although the DTSA has some material differences...more

Fish & Richardson

The Defend Trade Secrets Act: The Year in Numbers

Fish & Richardson on

On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act (DTSA). Before the passage of the DTSA, each state had its own trade secret regime, whether through some variation of the Uniform Trade...more

Seyfarth Shaw LLP

Federal Precedents Under the DTSA Have Arrived

Seyfarth Shaw LLP on

While the Defend Trade Secrets Act of 2016 (“DTSA”) has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive...more

Orrick - Trade Secrets Group

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for...more

Orrick - Trade Secrets Group

Early Returns (Part 1 of 2): 3D Printing Company Sues under New Defend Trade Secrets Act

(Editorial Note: This is our first of a two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) In late May 2016, Magic Leap, Inc. became a pioneer in trade secrets litigation...more

Kilpatrick

A Few Highlights From The Newly-Enacted Federal Defend Trade Secrets Act

Kilpatrick on

The federal Defend Trade Secrets Act (the “DTSA” or “Act”) became law on May 11, 2016. Here are a few highlights: - 1. The DTSA seeks to address the significant effects that trade secret misappropriation has on the...more

BakerHostetler

Comparing the Defend Trade Secrets Act and the Uniform Trade Secrets Act

BakerHostetler on

As we have previously discussed on the blog, President Obama signed the Defend Trade Secrets Act (DTSA) into law on May 11, 2016. Fortunately, while the law has many new components that businesses need to consider, parts of...more

Eversheds Sutherland (US) LLP

Federal Defend Trade Secrets Act Clears the Senate: Is the Uniform Act on Life Support?

The U.S. Senate has unanimously approved a bill increasing the protections available to companies for their commercial secrets. The Defend Trade Secrets Act of 2016 (DTSA or the Act) provides for the first time a truly...more

Orrick - Trade Secrets Group

Federal Law or Another False Alarm? Senate Passes the Defend Trade Secrets Act of 2016 87-0. 

Relief may soon be coming for trade secrets plaintiffs longing for federal court. Last year we covered the introduction of the Defend Trade Secrets Act (DTSA), compared it to the Uniform Trade Secrets Act (UTSA), and...more

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