News & Analysis as of

Defend Trade Secrets Act (DTSA)

ArentFox Schiff

Court Allows Biohaven and Yale’s Trade Secret Claims to Proceed in MODA Technology Dispute

ArentFox Schiff on

Dr. David Spiegel, a Yale University professor, developed a new approach to targeted protein degradation using MODA technology (bi-functional synthetic molecules for degrading extracellular proteins)....more

Proskauer - California Employment Law

9th Circuit Clarifies DTSA Trade Secret Disclosure Requirements

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much...more

Fenwick & West LLP

Protecting Trade Secrets in the AI Sector: Lessons for AI Companies

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Several recent legal disputes in the AI sector underscore how quickly a company’s most valuable assets can be put at risk when an employee departs....more

Mintz - Intellectual Property Viewpoints

The Trade Secret Test Is Coming: Are You Ready? Recent Decisions Reveal the Cost of Poor Preparation

Too many companies treat trade secret identification as something they can fix later, usually once litigation is underway. But by the time a claim is filed, it is already too late to build the evidentiary foundation you need....more

Proskauer - Trade Secrets

9th Circuit Clarifies Trade Secret Disclosure Requirements Under The DTSA

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much...more

Littler

Third Circuit: Absent Hacking, Violating Employer’s Computer-Use Policy Cannot Support a Claim Under the Computer Fraud and Abuse...

Littler on

On August 26, 2025, in NRA Group, LLC v. Durenleau et al., the U.S. Court of Appeals for the Third Circuit addressed an issue of first impression: whether violating an employer’s computer-use policy creates a claim under the...more

McNees Wallace & Nurick LLC

The Importance of Employer Confidentiality and Data Protection Policies

Nearly all employers maintain confidential or protected personal information, and many also maintain trade secrets and other confidential business information. Most of these employers also should – and typically do – enact...more

Brownstein Hyatt Farber Schreck

Ninth Circuit Clarifies DTSA’s “Sufficient Particularity” for Identifying Trade Secrets

Trade secret litigation under the Defend Trade Secrets Act (DTSA) continues to evolve within the Ninth Circuit....more

King & Spalding

Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc.: The Ninth Circuit Recognizes Limits on Required Pre-Discovery Disclosures for...

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In an order with important implications for trade secret disputes in federal court, on August 12, 2025, the Ninth Circuit Court of Appeals held that a district court abused its discretion in striking a plaintiff’s trade...more

Ward and Smith, P.A.

What to Do When Someone Steals Your Trade Secrets: A North Carolina Business Owner's Action Plan

Ward and Smith, P.A. on

Maybe you've noticed unusual patterns in lost business, or perhaps another employee tipped you off about the theft. Whatever the warning signs, you need to act quickly and strategically. Here's your step-by-step guide to...more

Jones Day

Severed Knowledge: Negative Trade Secrets Through the Lens of Compartmentalized Memory

Jones Day on

Since the passage of the Defend Trade Secrets Act ("DTSA") in 2016, courts have increasingly addressed the nuance of negative trade secrets—information about what does not work, often referred to as "negative know-how."...more

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

Miller Canfield

Massive Damages in U.S. Trade Secret Cases Signal High Stakes for Businesses

Miller Canfield on

Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more

McDermott Will & Schulte

No specifics, no case? DTSA trade secret disclosure timing differs from CUTSA

The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more

White & Case LLP

Ninth Circuit Relaxes Standard for Pleading Federal Trade Secrets Claims in California

White & Case LLP on

In California trade secrets cases, parties almost always fight about the scope of alleged trade secrets because a state statute requires identification of secrets “with reasonable particularity” before discovery. But in...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: July 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Fenwick & West LLP

Key Takeaways: Tips for Navigating Trade Secret Misappropriation

Fenwick & West LLP on

In today's interconnected business environment, protecting trade secrets has become increasingly complex. Companies must navigate threats ranging from employee misconduct to sophisticated nation-state schemes while...more

Womble Bond Dickinson

Ninth Circuit Clarifies DTSA’s Trade Secret Identification Requirements

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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

Foley & Lardner LLP

Federal Trade Secret Plaintiffs Are Not Required to Identify Their Trade Secrets with Particularity Before Beginning Discovery,...

Foley & Lardner LLP on

In a recent decision, Quintara Biosciences, Inc. v. Ruifeng Biztech Inc., No. 23-16093, 2025 WL 2315671 (9th Cir. Aug. 12, 2025), the Ninth Circuit found that a plaintiff bringing claims under the Defend Trade Secrets Act...more

Clark Hill PLC

No early exit in federal trade secrets misappropriation cases

Clark Hill PLC on

In an important clarification of federal trade secret litigation, the Ninth Circuit in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. recently rejected the argument that a plaintiff suing under the federal law (DTSA)...more

ArentFox Schiff

DTSA Statute of Limitations and Reasonable Diligence in Employee Trade Secret Misappropriation Claims

ArentFox Schiff on

The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former...more

Epstein Becker & Green

Expanding the Reach of the DTSA: New Ruling Clarifies “Act in Furtherance” Requirement

Epstein Becker & Green on

Last summer, in a case of first impression, the U.S. Court of Appeals for the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd held that the Defend Trade Secrets Act (the “DTSA”) rebuts the...more

Epstein Becker & Green

Extraterritorial Application of the DTSA: Recent Decision Continues to Develop “Act in Furtherance” Element

Epstein Becker & Green on

Last summer, in a case of first impression, the U.S. Court of Appeals for the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd held that the Defend Trade Secrets Act (the “DTSA”) rebuts the...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: June 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Jenner & Block

Tenth Circuit Affirms Summary Judgment on Trade Secret Claims in Double Eagle v. Hooper

Jenner & Block on

The Tenth Circuit recently upheld an Oklahoma District Court’s summary judgment ruling in favor of a trade secret defendant based on insufficient specificity as to the trade secrets at issue, as well as a lack of proper...more

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