Recent Trends in Trade Secret Cases (2025 Update)

In this program, Wendy Stein and Samuel Erlanger 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 requests for emergent relief, and how trade secret plaintiffs are faring when it comes to recovering attorney fees for "willful and malicious" misappropriation under the DTSA. The course will also analyze recent litigation outcomes and what these trends may mean for future DTSA litigation.

Learning Objectives:

1. Examine the Defend Trade Secrets Act
2. Break down of 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 secure dismissal of a DTSA claim if you are a defendant
5. Identify how courts have been ruling on damages issues pertinent to the DTSA