Worldwide: Trade Secrets

The Seventh Circuit's 2024 decision in Motorola Solutions v. Hytera Communications established that the Defend Trade Secrets Act can reach conduct outside the United States and permit recovery of damages based on worldwide sales. District courts have begun applying this precedent, expanding the potential scope of liability for cross-border trade secret disputes. The ruling raises important questions about how minimal a US connection may be before federal trade secret protection no longer applies.

Artificial intelligence is rapidly transforming intellectual property litigation, raising fundamental questions about authorship, fair use, and courtroom conduct. Courts are now grappling with who owns AI-generated works, whether training models on copyrighted material constitutes infringement, and how to handle attorneys who rely on AI tools that produce fabricated legal citations.

Federal Circuit and Fifth Circuit cases bring new developments in trade secret litigation, examining how courts measure damages for misappropriation and whether such claims can serve as predicates for RICO actions. These decisions have significant implications for companies seeking to protect their confidential business information through the courts.