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Trade Secrets › Misappropriation › Business Litigation

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 -
Epstein Becker & Green

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

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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

Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

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A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more

WilmerHale

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

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. This month’s cases address when a prevailing party on a trade secret misappropriation claim can receive attorney’s fees, the...more

Benesch

Update: Insulet Corp.’s Trade Secrets Jury Award Reduced From $452 Million to $59.4 Million to Avoid Double Recovery

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Following a recent trend to reduce large damages awards in trade secret misappropriation cases, a federal judge in Massachusetts cut Insulet Corp.’s damages award from $452 million to $59.4 million to avoid impermissible...more

Vondran Legal

Attorney fees in CUTSA Trade Secret cases

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Trade secret litigation can be brutal. Many times you have a company going after an ex-employee (and sometimes their new employer) for alleged theft of sales leads, confidential documents, and other proprietary information....more

Proskauer - Trade Secrets

Tenth Circuit Affirms Dismissal of Trade Secret Claims for Lack of Particularity and Secrecy

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On April 22, 2025, the Tenth Circuit affirmed summary judgment in favor of a sales manager and his new employer on claims under the Defend Trade Secrets Act (“DTSA”), the Oklahoma Uniform Trade Secrets Act (“OUTSA”), and...more

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

McDermott Will & Emery

Tell Us Your Secret: Case Dismissed for Failure to Identify Trade Secrets

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The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of the defendants for the plaintiff’s failure to identify the trade secrets at issue with sufficient particularity....more

Ward and Smith, P.A.

Maximizing Recovery in Trade Secret Cases: A Guide to Damages and Remedies

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Ed. Note: This is the fourth in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,...more

Jenner & Block

$17 Million Attorney Fee Award Aims to Deter Malicious Trade Secret Misappropriation

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Singapore-based XP Power has been ordered to pay $17 million in attorneys’ fees to opponent Comet Technologies, USA, following Comet’s victory at trial. The Northern District of California issued the order in January 2025,...more

McDermott Will & Emery

Not Secret and Not Used: Misappropriation Claim Dismissed

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The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use...more

Ward and Smith, P.A.

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

Ward and Smith, P.A. on

This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025....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

Proskauer - Trade Secrets

Jury Awards $452 Million After Trade Secrets Trial

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On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory and punitive damages after finding Defendants willfully misappropriated...more

Conn Kavanaugh

When Collusion Proves Costly: A Cautionary Tale on Potential Penalties for 93A Violations

Conn Kavanaugh on

What happens when an individual, to benefit their own employer, solicits confidential corporate information held by a spouse or partner? A damages award in the several millions may be the result. In BioPoint, Inc. v....more

Farrell Fritz, P.C.

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

Patterson Belknap Webb & Tyler LLP

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

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New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...more

Orrick - Trade Secrets Group

Company’s Bacon Trade Secret Claims Are Cooked After Patent Filing

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From Minnesota comes a delicious reminder that the protection of trade secrets requires consideration of a company’s entire intellectual property strategy.  Without such a comprehensive strategy, in the most prosaic of terms,...more

Smith Anderson

NC Business Court Signals Close Scrutiny of Trade Secret Claims

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It is black-letter law that a plaintiff must identify its trade secrets “with sufficient particularity so as to enable a defendant to delineate that which he is accused of misappropriating.” Analog Devices, Inc. v....more

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