United States: Trade Secrets

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Tools Of The Trade (Secrets): Best Practices From Apple v. OpenAI
Protecting trade secrets is harder than you might think. It is not enough to identify a trade secret and have employees sign acknowledgements of the company’s IP policy. Follow-through turns a policy into a program. If employees can leave with company laptops containing confidential information or continue to access project repositories after departure, that failure may become part of the merits in a trade secret case.
United States IP
M
Mintz
Article
AI May Be The Missing Link To Your Company’s Trade Secret Theft: What In-House Counsel Should Know
As a business and intellectual property attorney, I spend much of my practice helping corporate clients protect and enforce their intellectual property through patents. But patents are not the only game in town. Trade secrets offer an equally valid, and in many cases, a more practical and affordable means of protecting valuable proprietary information, provided a company implements and maintains reasonable protective measures.
United States IP
BT
Barnes & Thornburg LLP
Article
How Employers Are Enforcing Non-Compete And Confidentiality Agreements
A comprehensive analysis of employee mobility trends reveals that 92% of employers experienced departures to competitors in the past year, with more than half reporting restrictive covenant or confidential information violations. The data explores how organizations are responding to these challenges, from cease-and-desist letters to full litigation, and what proactive measures can help prevent costly team lift-outs.
United States Employment
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Littler - Canada
Article
(Updated) Inside Baseball: Business Dispute Limits Youth Baseball Events & Highlights The Importance Of Proper Business Planning
A King County Superior Court's injunctive relief ruling in a youth baseball business dispute has temporarily shut down Top Tier Sports' operations in Washington State through July 2027. The court found the defendants liable for breach of contract, misappropriation of trade secrets, and other claims after former employees of Elysian One launched a competing league. This case demonstrates the far-reaching consequences of violating non-compete and non-solicitation agreements, with implications extending beyond
United States Litigation
BB
Beresford Booth
Article
How To Build Trade Secret Protections That Actually Hold Up In Court
North Carolina businesses face significant legal risks when employees mishandle confidential information, but courts evaluate whether companies made reasonable efforts to protect their trade secrets before granting legal protection. This guide examines the specific security measures, documentation practices, and cultural safeguards that satisfy legal standards for trade secret protection under federal law and North Carolina's Trade Secrets Protection Act.
United States Commercial
Wa
Ward and Smith, P.A.
Article
Reading The Signals: Consumer Sentiment And Market Reality
Explore critical insights on workforce integration in post-acute care acquisitions, consumer sentiment analysis, bank valuation challenges in rising rate environments, AI security vulnerabilities, trade secret protection gaps, and retail pricing algorithms. Discover how operational readiness, regulatory compliance, and technological disruption are reshaping business strategy across healthcare, finance, and digital commerce.
United States Commercial
AC
Ankura Consulting Group LLC
Article
Readily Ascertainable—WilmerHale's Trade Secret Bulletin: July 2026
Recent trade secret case law reveals critical standards for proving misappropriation, from the Ninth Circuit's reversal of a $57 million judgment over incorrect jury instructions on the "not readily ascertainable" element, to the Eighth Circuit's requirements for adequate trade secret identification. Courts continue to refine extraterritorial application of the DTSA and standards for demonstrating actual use of allegedly misappropriated information.
United States IP
W
WilmerHale
Article
The DTSA At Ten: Lessons From A Decade Of DTSA Litigation
The Defend Trade Secrets Act marked its 10th anniversary in 2026, promising a unified national standard for trade secret protection. Has federal litigation delivered on this promise, or do state laws and circuit splits continue to fragment the landscape? This analysis examines key trends, unresolved legal questions, and emerging challenges posed by artificial intelligence in trade secret enforcement.
United States IP
GP
Goodwin Procter LLP
Article
Don’t Buy Someone Else’s IP Problem
Intellectual property due diligence often gets relegated to a final checklist item in acquisitions, but this approach can lead to costly oversights. Jason Balich explores why IP assessment should receive the same early, strategic attention as financial analysis, and provides a framework for evaluating whether a target company's patents, trademarks, and trade secrets are properly secured and enforceable.
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
Article
IP Diligence In The Age Of AI: Why Standard Review Is No Longer Enough
Federal courts are increasingly scrutinizing AI-based patent claims with skepticism, invalidating patents that merely apply machine learning to specific domains without demonstrating genuine technical innovation. Recent decisions like Recentive Analytics v. Fox Corp. and In re Brian McFadden reveal that investors and counsel must now look beyond standard IP diligence to assess whether AI patent portfolios capture protectable technical improvements in model training, architecture
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
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