Worldwide: 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
Courts Expand The DTSA’s Reach To Foreign Trade Secret Misappropriation Following Motorola v. Hytera
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.
Worldwide IP
GP
Goodwin Procter LLP
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
A Spoonful Of Sugar: Bryan Sugar's AI Litigation Insights - September 2026
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.
United States IP
LB
Lewis Brisbois Bisgaard & Smith LLP
Article
Pleading Your Case Without Giving Away The Store: Surviving A Motion To Dismiss In Trade Secret Cases
A recent Northern District of Texas ruling demonstrates how trade secret plaintiffs can successfully navigate the pleading stage paradox of describing confidential information with sufficient particularity to survive dismissal without revealing the secrets themselves. The decision provides a practical three-part framework for identifying trade secrets by category, offering document-level examples, and describing confidentiality measures that courts will accept at the motion to dismiss stage.
United States IP
SM
Sheppard, Mullin, Richter & Hampton LLP
Podcast
Trade Secret Law Evolution Podcast, Episode 94: The Ninth Circuit Reverses A Massive Verdict And Clarifies The Burden Of Proof
The Ninth Circuit's decision in Comet Technologies USA, Inc. v. XP Power, LLC reversed a $40 million verdict and established critical precedent regarding burden of proof requirements in trade secret cases under the Defend Trade Secrets Act. This episode examines how the appellate court's ruling reshapes expectations for proving trade secret misappropriation and highlights the risks of improper jury instructions when claims are dismissed during trial.
United States IP
GT
Greenberg Traurig, LLP
Article
A Spoonful Of Sugar | Bryan Sugar's AI Litigation Insights - August 2026
Courts have escalated from warnings to enforcement on AI hallucinations in legal filings, with seven sanctions issued in the first six days of August 2026 alone. IP litigators face heightened exposure due to citation-heavy briefs, complex multi-factor tests, and cross-jurisdictional AI disclosure requirements that now include bar referrals for unverified AI-generated content.
United States Technology
LB
Lewis Brisbois Bisgaard & Smith LLP
Article
Noncompete News Alert: What Is A "Protectable Interest"? And Why It Matters
Courts closely scrutinize covenants not to compete, examining factors like time restrictions, geographic scope, and whether employers have a legitimate protectable interest. Understanding what constitutes unfair competition versus ordinary competition is crucial for enforceability, as employers cannot simply prevent former employees from using general industry knowledge and skills.
United States Employment
FH
Ford & Harrison LLP
Podcast
Trade Secret Law Evolution Podcast, Episode 93: Circuit Cases On Measuring Damages And Whether Misappropriation Can Be A RICO Predicate
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.
United States IP
GT
Greenberg Traurig, LLP
Article
International Contract Manufacturing: 8 Ways To Protect Your IP, Products, And Payments
International contract manufacturing exposes companies to defective goods, stolen intellectual property, and payment disputes. Most disasters begin before production when buyers choose the wrong partner, disclose valuable information prematurely, or rely on inadequate agreements that fail to address quality standards, compliance requirements, and enforceable remedies.
United States IP
HS
Harris Sliwoski
Article
File First, Pay Later: XAI’s Dismissal, Apple’s New Complaint, And The Potential Cost Of Getting It Wrong
Two recent trade secret lawsuits against OpenAI reveal the critical difference between viable and dismissible claims under the Defend Trade Secrets Act. While xAI's case was dismissed and now faces a million-dollar fee demand, Apple's complaint demonstrates how to properly plead active acquisition, documented knowledge, and directed exfiltration in talent-raiding disputes.
United States IP
BR
Beck Reed Riden
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