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Trade Secrets › Statutory Interpretation

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

Brownstein Hyatt Farber Schreck on

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...

King & Spalding on

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

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

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

Allen Matkins

Is An LLC's Membership List A Trade Secret?

Allen Matkins on

Yesterday's post considered one of several matters raised on appeal in Perry v. Stuart, 2025 WL 1501935.   The case involves a former member's demand for inspection of records of a California limited liability company. ...more

Ropes & Gray LLP

Protecting Trade Secrets in FDA Submissions from FOIA Disclosure in the Wake of FDA Layoffs

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In the wake of recent mass layoffs at the U.S. Food and Drug Administration (“FDA”), the FDA is likely to have fewer resources to manage its regulatory responsibilities. One area that may be significantly impacted by such...more

Seyfarth Shaw LLP

Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA

Seyfarth Shaw LLP on

Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of...more

Freeman Law

The Freedom of Information Act’s “Confidentiality” Exception

Freeman Law on

We frequently utilize the Freedom of Information Act (“FOIA”) as a tool for our clients. The FOIA, subject to several exceptions and exclusions, generally provides that any person has the right to request access to federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Outlines Bounds of the Computer Fraud and Abuse Act

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In Van Buren v. United States, the Supreme Court’s first opportunity to mark the limits of the Computer Fraud and Abuse Act (CFAA), the Supreme Court significantly curtailed the act’s scope. In a decision on June 3, 2021,...more

ArentFox Schiff

Fourth Circuit Court Allows Section 1782 Fact-Finding in a Private International Arbitration

ArentFox Schiff on

Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations. Section 1782 is a powerful...more

Seyfarth Shaw LLP

The Dallas Court of Appeals Further Expands Goldberg and Holds that Communications Between a Competitor and Customers and...

Seyfarth Shaw LLP on

On January 23, 2020, the Texas Fifth District Court of Appeals in Dallas retracted its previous ruling in the trade secrets dispute Goldberg, et al. v. EMR (USA Holdings) Inc., et al. and issued a new opinion upon rehearing. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Expands Trade Secrets Exemption from FOIA

McDonnell Boehnen Hulbert & Berghoff LLP on

Businesses often worry that the information they provide to the government will be disclosed, and with good reason – such information is presumptively available to the public under the Freedom of Information Act...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

Seyfarth Shaw LLP on

On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

Bass, Berry & Sims PLC

Protecting Government Contractors’ Confidential Information Just Got Easier

Bass, Berry & Sims PLC on

At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Perkins Coie

Is the U.S. Supreme Court’s FOIA Decision a Game Changer for Companies Seeking to Prevent Disclosure of Proprietary Information?

Perkins Coie on

In its recent decision in Food Marketing Institute v. Argus Leader Media d/b/a Argus Leader, No. 18-481, the U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business...more

Brownstein Hyatt Farber Schreck

Protecting Confidential Business Information

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Supreme Court Upends Half-Century Standard for Handling Confidential Commercial Information Under the Freedom of Information Act - Businesses that provide sensitive commercial or financial information to the federal...more

Miles & Stockbridge P.C.

Supreme Court Decision Broadens Protection for Confidential Information against Disclosure under FOIA

Miles & Stockbridge P.C. on

In a significant decision for Government contractors, the Supreme Court has expanded the types of “commercial or financial information” that are “confidential,” and therefore exempt from disclosure under the Freedom of...more

Seyfarth Shaw LLP

Supreme Court Issues Decision Significantly Expanding the Scope of FOIA’s Confidentiality Exemption

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Seyfarth Synopsis: On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold...more

Blank Rome LLP

The Supreme Court Expands the Meaning of “Confidential” Information under FOIA Exemption 4

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The Supreme Court in Food Marketing Institute v. Argus Leader Media, No. 18-481 (U.S. June 24, 2019) recently relaxed the standard for withholding confidential information under Exemption 4 of the Freedom of Information Act...more

McDonnell Boehnen Hulbert & Berghoff LLP

Food Marketing Institute v. Argus Leader Media (2019)

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Although patentees generally do not have great concerns about the Freedom of Information Act (FOIA) because of the U.S. Patent and Trademark Office's secrecy requirements, they may lose control over their information under...more

Morgan Lewis

Government Contract–Specific Impact of Recent Supreme Court FOIA Decision

Morgan Lewis on

In Food Marketing Institute v. Argus Leader Media, the US Supreme Court held that private sector commercial information in the federal government’s possession may be withheld from public release without a showing that the...more

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