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Trade Secrets › Appellate Courts

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Brownstein Hyatt Farber Schreck

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

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

Carlton Fields

Georgia Supreme Court Affirms Arbitration Award, Holds Ex Parte Communications With Arbitrator Did Not Prejudice Affected Party

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In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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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

McDermott Will & Schulte

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

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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

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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

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

Texas Business Courts Welcome Trade Secret Cases

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Texas is aggressively positioning itself as the nation’s trial capital for “bet-the-company” business disputes. On September 1, 2025, the recently created Texas business courts will begin welcoming trade secret and...more

Foley & Lardner LLP

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

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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

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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

McDermott Will & Schulte

From confidential to careless: The case of the unprotected customer list

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The US Court of Appeals for the Tenth Circuit affirmed a summary judgment dismissal of a trade secret misappropriation complaint, finding that the plaintiff failed to take reasonable measures to maintain the secrecy of a...more

Buckingham, Doolittle & Burroughs, LLC

Recent Sixth Circuit and Ohio Federal Court Interpretations of the Defend Trade Secrets Act vis-a-vis the Ohio Uniform Trade...

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This article constitutes the first of a multi-part series which will analyze how recent Sixth Circuit Court of Appeals and Ohio Federal Courts address and analyze the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq....more

Littler

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

Littler on

The Tenth Circuit’s  recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: March 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

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

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On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

McDermott Will & Schulte

Missed Appropriation: Massive Trade Secret Verdict Vacated

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The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Axinn, Veltrop & Harkrider LLP

Appian Reimagines The High-Low to Preserve $500M-$2B in Trade Secret Damages

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As the calendar turns to November, a “high-low” (at least here in the basketball capital of the world) usually refers to a basketball play where one player at the high post passes the ball to a second player at the low post...more

Arnall Golden Gregory LLP

The Government Cannot Cut Corners: Appellate Courts Reverse Sentences in Three Recent Cases Because the Government Did Not...

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Three appellate courts recently reversed sentences because the government did not adequately present evidence to support the alleged loss calculation underlying the court’s determination of the sentencing guidelines range. In...more

Constangy, Brooks, Smith & Prophete, LLP

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

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Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing...more

Kohrman Jackson & Krantz LLP

Federal Appellate Court Approves Pretext Border Search Based on Trade Secret Theft Suspicion

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For almost nine years, Haitao Xiang, a Chinese national and U.S. resident, had worked for Monsanto, Co in St. Louis as a research application engineer specializing in hyperspectral imaging technology. As with most jobs of...more

McGlinchey Stafford

Has my contract been modified? - McGlinchey Commercial Law Bulletin - September 22, 2022

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Ohio- Assignee of Contract- Auto Loan, Inc. v. Sisler, 11th Dist. Portage No. 2022-Ohio-3282. In this appeal, the Eleventh Appellate District reversed the trial court’s decision finding that the plaintiff was not an...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims

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The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more

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