Recent Trends in Defend Trade Secrets Act Litigation

In this program, Wendy R. Stein and Donald R. Bunton will explore recent trends in litigation brought under the Defend Trade Secrets Act (DTSA). The course will highlight strategies for plaintiffs asserting DTSA claims and tips for defendants defending against such claims.

The program will review recent caselaw interpreting the DTSA, discussing issues such as how motions to dismiss DTSA claims are faring at the pleading stage, how courts are ruling on challenges to standing under the DTSA, and how different jurisdictions are interpreting the "reasonable measures" requirement of the DTSA. The course will also analyze recent litigation outcomes, what districts may be more favorable to trade secret owners and trade secret defendants, and what these trends mean for ongoing litigation.

Learning Objectives:

1. Examine the Defend Trade Secrets Act

2. Recognize how courts are ruling on requests for emergent relief in connection with a DTSA claim

3. Improve your chances of success as a DTSA plaintiff

4. Strategize on how to respond to complaints alleging DTSA violations

5. Analyze tips to secure dismissal of a DTSA claim if you are a defendant