March 24, 2021

This third edition of the Trade Secret Update addresses developments in US trade secret law, discusses some of the most significant criminal and civil trade secret actions, and highlights particular interpretations of the Defend Trade Secrets Act (DTSA) and its effect on trade secret litigation since it took effect five years ago. The Update addresses notable recent trade secret civil decisions, developments in the inevitable disclosure doctrine, what constitutes ownership of a trade secret to justify bringing an action, and the application of the Computer Fraud and Abuse Act where an actor exceeds his or her authority in accessing a computer system, as well as a number of issues specific to trade secret issues applying California law. The Update also addresses international trade secret issues, such as extraterritorial application of the DTSA despite a presumption against such application, trade secret holders using the International Trade Commission forum to protect from misappropriation, and a primer on Japanese trade secret law.

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