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Defend Trade Secrets Act (DTSA)

Fisher Phillips

6 Steps Tech Employers Can Take to Strengthen Trade Secret Protections in 2026

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As competition for talent and innovation intensifies in the tech sector, employers face heightened risks of trade secret theft and data misappropriation. Recent disputes between established tech companies and spin-off...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: November 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

Houston Harbaugh, P.C.

A 2025 AI and Trade Secret Law Retrospective: What This Year’s Cases Teach Us About Protecting AI Systems

As 2025 draws to a close, the trade secret landscape has shifted in ways that matter profoundly for companies developing and deploying artificial intelligence. Throughout this Defending the Algorithm™ series, we have argued...more

Benesch

2025 Trade Secret and Restrictive Covenant Year in Review

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2025 continued to be—and some could argue accelerated—a multi-year trend of heightened restrictive covenant activity in the courts and state legislatures. ...more

Robinson+Cole Data Privacy + Security Insider

Reverse Engineering in the Age of AI: Are Your Trade Secrets Still Safe?

Artificial intelligence has dramatically broadened the capabilities of anyone looking to reverse-engineer public-facing products. What once took specialized skill, deep pockets, and many hours now requires little more than a...more

ArentFox Schiff

Court Recommends That SambaSafety’s DTSA Claim Against InformData Proceed

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A magistrate judge of the US District Court for the District of Delaware issued a report and recommendation recommending the denial of the defendants’ Rule 12(b)(6) motion to dismiss SambaSafety’s Defend Trade Secrets Act...more

CDF Labor Law LLP

Ninth Circuit Holds DTSA Does Not Apply CUTSA’s “Reasonable Particularity” Standard to Trade Secret Claims

CDF Labor Law LLP on

In a significant ruling, QUINTARA BIOSCIENCES, INC. V. RUIFENG BIZTECH, INC., No. 23-16093 (9th Cir. 2025), the Ninth Circuit distinguished the federal Defend Trade Secrets Act (“DTSA”) from California’s Uniform Trade Secrets...more

McDermott Will & Schulte

Sedona Conference releases draft model DTSA jury instructions

McDermott Will & Schulte on

The Sedona Conference published the first comprehensive draft Model Jury Instructions for the Defend Trade Secrets Act of 2016 (DTSA) and invites public comment through January 17, 2026....more

UB Greensfelder LLP

Using Emergency Injunctions to Protect Trade Secrets

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When a company’s confidential information walks out the door, whether with a departing employee, a vendor, or a competitor, the harm can unfold quickly. Trade secrets derive their value from remaining secret, and once that...more

UB Greensfelder LLP

Identifying and Protecting Your Company’s Trade Secrets

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Many businesses underestimate how much of their internal information may qualify as a trade secret. While companies often associate trade secrets with formulas, code, or highly technical data, the scope of protection is much...more

UB Greensfelder LLP

What Businesses Should Know About Protecting Trade Secrets Under the Defend Trade Secrets Act

UB Greensfelder LLP on

When sensitive business information is taken or misused, companies often face a difficult combination of urgency and uncertainty. Trade secrets, whether technical processes, customer information, or proprietary strategies,...more

ArentFox Schiff

Fourth Circuit: Confidentiality Agreements Are Sufficient to Plead ‘Reasonable Measures’ Under DTSA

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The Fourth Circuit reversed a district court’s dismissal of a trade secret misappropriation claim under the Defend Trade Secrets Act (DTSA) where the district court concluded that a company did not plausibly allege that it...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When 401(k) Competition Turns into Corporate Espionage

So the 401(k) world just dropped an episode of “Corporate Spy vs. Corporate Spy” (with a splash of fiduciary funk). Human Interest is accusing Guideline, plus two former HI employees, of scooping up insider trade secrets —...more

Dorsey & Whitney LLP

Stay in Your Lane: Fifth Circuit Sends Dispute over Self-Driving Cars to Israel

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In OSR Enters. AG v. REE Auto., Ltd., the Fifth Circuit recently ruled that, under the doctrine of forum non conveniens, a trade secret dispute originally filed in federal district court in Texas will have to be decided by an...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Refuses to Apply California’s “Reasonable Particularity” Requirement to Claims Under the Defend Trade Secrets Act

The Ninth Circuit’s recent decision in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. underscores an important distinction in trade secret law between California’s Uniform Trade Secrets Act (“CUTSA”) [Cal. Civ. Code, §§...more

Foster Swift Collins & Smith

Keep Your Business Safe: What Santa Can Teach Us About Trade Secrets

Every December, my kids start whispering to each other and scribbling notes they think I can’t see. They’ve got a big secret: their wish list for Santa. They treat it like classified intel. Folded notes under pillows and...more

ArentFox Schiff

Car Shipper’s Federal — But Not State — Trade Secrets Claims Survive in Alleged Cross-Border Undercutting Scheme

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Montway LLC is an Illinois-based leading automotive-transport broker that assists customers with transporting their vehicles across the country to alleviate them of the burden of driving those vehicles themselves....more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit: Unlike CUTSA, DTSA Does Not Require a Plaintiff to Identify Their Trade Secrets With Particularity from the Start

The Ninth Circuit recently reversed a district court’s decision to strike a plaintiff’s trade secret claims under the Defend Trade Secrets Act (DTSA) at the discovery stage. In doing so, the Ninth Circuit made clear that...more

ArentFox Schiff

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward

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The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Gates Down: Third Circuit Says Breaking Employer Computer Access Policies Is Not Hacking

The U.S. Court of Appeals for the Third Circuit recently ruled that violations of employers’ computer access policies do not constitute violations of the federal Computer Fraud and Abuse Act (CFAA) and that account passwords...more

Freeman Mathis & Gary

Third Circuit rules that an employer’s passwords are not “trade secrets”

Freeman Mathis & Gary on

An employer’s passwords may protect valuable information, but the passwords themselves lack independent economic value and thus fail to qualify as “trade secrets” under the Defend Trade Secrets Act. Understanding trade...more

Mintz - Health Care Viewpoints

Can You Keep a Secret? The Trade Secret Tightrope in FDA-Regulated MedTech

Trade secrets are a critical tool for protecting medical technology innovations. To that end, a robust trade secret management program is essential for safeguarding these valuable assets. To be effective in today’s legal...more

Jenner & Block

Ninth Circuit Holds DTSA Does Not Require Plaintiffs to Identify Trade Secrets with Particularity Before Discovery, but Courts...

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In Quintara Biosciences Inc. v. Ruifeng Biztech Inc., the Ninth Circuit held that, unlike certain state trade secret statutes, the federal Defend Trade Secrets Act (DTSA) “does not require a plaintiff to identify with...more

McDermott Will & Schulte

When patent law meets free speech: Anti-SLAPP appellate jurisdiction

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The US Court of Appeals for the Federal Circuit determined that it had jurisdiction over an interlocutory appeal from a district court’s denial of a California anti-SLAPP (Strategic Lawsuit Against Public Participation)...more

ArentFox Schiff

Third Circuit: Your Passwords May Be Valuable to You, But They Are Not Trade Secrets

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The plaintiff National Recovery Agency Group, LLC (NRA) is a debt-collection firm that maintains large volumes of personally identifiable information (PII) of individual debtors....more

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