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Recent Developments and Reflections after nearly 10 years with the Defend Trade Secrets Act (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Faegre Drinker Biddle & Reath LLP)

Trade secret litigation developments approaching the DTSA’s 10-year anniversary, covering noncompetes, identification requirements, extraterritoriality, and AI implications.

2025-09-30 14:00:00

Program Details

2025-09-30 14:00:00

Program Details

2025-09-30 14:00:00

Over 1,000+ webinars

2025-09-30 14:00:00

Course Overview

Navigating Trade Secret Litigation After DTSA

2025-09-30 14:00:00

Participants will learn current trade secret protection strategies, noncompete developments, and litigation requirements approaching the DTSA’s 10-year anniversary. These practical insights help attorneys protect client innovations amid evolving legal frameworks.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Trade Secret Fundamentals
Information must be secret, protected by reasonable efforts, and derive value from secrecy.
02
Noncompete Updates
The FTC withdrew its federal ban appeal; state laws now control with most trending restrictive.
03
Identification Requirements
Courts require specific trade secret identification in litigation, with standards varying by jurisdiction.
04
Extraterritorial Reach
The DTSA applies outside the U.S. when an act in furtherance occurs domestically.
05
AI Safeguards
Companies must implement operational and contractual protections when using AI with trade secrets.
06
Ex Parte Seizure
Courts may order seizure without notice under extraordinary circumstances when injunctions are insufficient.

Program schedule

clock 2:00 pm - 2:10 pm EST

Foundations of Trade Secret Law and Protection

This session establishes the fundamental requirements for trade secret protection: secrecy, reasonable protective efforts, and value derived from confidentiality. Participants will explore the similarities and key differences between the DTSA and state trade secret laws, including the novel ex parte seizure remedy.

Martin S. ChesterMartin S. Chester
Randall E. KahnkeRandall E. Kahnke
Lauren W. LindermanLauren W. Linderman
Bryan K. WashburnBryan K. Washburn
clock 2:10 pm - 2:20 pm EST

Noncompete Agreements: Federal and State Developments

Explore the dramatic developments surrounding the FTC’s proposed nationwide noncompete ban and its subsequent withdrawal following legal challenges. This session examines the evolving state-by-state patchwork of noncompete laws and provides practical recommendations for companies navigating this uncertain landscape.

Martin S. ChesterMartin S. Chester
Randall E. KahnkeRandall E. Kahnke
Lauren W. LindermanLauren W. Linderman
Bryan K. WashburnBryan K. Washburn
clock 2:20 pm - 2:30 pm EST

Trade Secret Identification Requirements in Litigation

Unlike patents or trademarks, trade secrets lack formal registration, making identification a critical litigation challenge. This session addresses how courts evaluate whether trade secrets are adequately identified in pleadings and discovery, including the recent Ninth Circuit ruling on California’s particularity requirements.

Martin S. ChesterMartin S. Chester
Randall E. KahnkeRandall E. Kahnke
Lauren W. LindermanLauren W. Linderman
Bryan K. WashburnBryan K. Washburn
clock 2:30 pm - 2:42 pm EST

DTSA's Extraterritorial Reach for Global Misappropriation Claims

The Seventh Circuit’s landmark Motorola v. Hytera decision confirmed the DTSA’s application to conduct occurring outside the United States. Learn what constitutes an ‘act in furtherance’ sufficient to trigger extraterritorial jurisdiction and the significant remedies available, including worldwide injunctions and profits.

Martin S. ChesterMartin S. Chester
Randall E. KahnkeRandall E. Kahnke
Lauren W. LindermanLauren W. Linderman
Bryan K. WashburnBryan K. Washburn
clock 2:42 pm - 2:50 pm EST

Artificial Intelligence and Trade Secret Risk Management

AI technologies present unique challenges for maintaining trade secret protection, from inputs to outputs. This session examines how companies can implement operational and contractual safeguards to protect sensitive information when using AI tools while addressing reverse engineering and disclosure concerns.

Martin S. ChesterMartin S. Chester
Randall E. KahnkeRandall E. Kahnke
Lauren W. LindermanLauren W. Linderman
Bryan K. WashburnBryan K. Washburn
clock 2:50 pm - 3:00 pm EST

Future Trends in Trade Secret Litigation Practice

As noncompete restrictions expand and technology evolves, trade secret litigation is becoming increasingly important for protecting business innovations. This closing session explores why substantial jury verdicts and expanded legal frameworks make trade secret cases critical ‘bet the company’ matters.

Martin S. ChesterMartin S. Chester
Randall E. KahnkeRandall E. Kahnke
Lauren W. LindermanLauren W. Linderman
Bryan K. WashburnBryan K. Washburn
Martin S. Chester

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

Bryan K. Washburn

Faegre Drinker Biddle & Reath LLP

Martin S. Chester

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Marty Chester is a seasoned trial lawyer who has tried and litigated complex commercial cases around the country, specializing in trade secret and restrictive covenant litigation while helping clients protect their competitive edge.

Experience

Extensive experience trying and litigating complex commercial cases nationwide, with specialization in trade secret and restrictive covenant litigation. Uses combination of litigation experience and business insight to navigate complex litigation.
Randall E. Kahnke

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where he tries complex commercial and intellectual property cases, including trade secret disputes, for clients such as 3M, Boston Scientific Corporation, Cargill, Honeywell, IBM, and Target. Together with the former deputy director general of the World Intellectual Property Organization, he co-edits the treatise Trade Secrets (Law Journal Press) and the book The Secrets to Winning Trade Secret Cases (Thomson West). He has served as lead trial attorney in matters from New York to California that reach across three continents, and he previously headed the firm’s business litigation practice.

Education & Credentials

Randy earned his J.D. cum laude in 1989 from the University of Minnesota Law School, where he was note and comment editor of the Law Review, after completing his B.A. summa cum laude at the University of St. Thomas in 1986. He clerked for the Hon. David S. Doty of the U.S. District Court for the District of Minnesota from 1989 to 1991. He is admitted to practice in Minnesota, before the U.S. Courts of Appeals for the Second, Eighth, Ninth, and Eleventh Circuits, and in the U.S. District Court for the District of Minnesota.

Recognition & Leadership

Chambers USA ranks Randy nationwide in Intellectual Property: Trade Secrets (2025-26) and in Minnesota for General Commercial Litigation (2005-26). World IP Review listed him as recommended for U.S. Trade Secrets in 2024, and Benchmark Litigation has named him a Future Star in Intellectual Property. The Best Lawyers in America recognizes him for Intellectual Property Litigation (2013-27), Commercial Litigation (2009-27), and Bet-the-Company Litigation (2022-27), and named him 2027 Lawyer of the Year in Bet-the-Company Litigation. Minnesota Lawyer has honored him as an Attorney of the Year (2012, 2025), on its POWER 30 Business Litigation list (2022-25), and in the Minnesota Legal 250 for Business Litigation (2026).

Professional Involvement

Randy was an inaugural member of the Sedona Conference steering committee on trade secrets and sits on the Trade Secrets Committee of the Intellectual Property Owners Association. He is a Master of the Honorable Jimmie V. Reyna I.P. Inn of Court and a past president and director of the Minnesota Chapter of the Federal Bar Association. He has co-chaired the magistrate merit selection panel for the U.S. District Court for the District of Minnesota and served on that court's Federal Practice Committee. He speaks and publishes widely on trade secret litigation, including a 2017 Georgia IP Law Institute program on the federal Defend Trade Secrets Act and recurring trade secret updates for the Midwest IP Institute.

Experience

Randy's trade secret trial work includes a federal jury verdict for a leading medical products manufacturer on trade secret claims and a multimillion-dollar jury verdict for a Fortune 100 company on tortious interference with contracts protecting trade secrets and confidential information. He held a key trial testimony role in a six-year, billion-dollar pharmaceutical trade secret dispute that ended in a permanent injunction, and he won dismissal in the Central District of California, upheld on appeal in the Ninth Circuit, of claims that a Chinese corporation took British trade secrets valued at more than $100 million. He also obtained a favorable resolution after a multiweek Delaware Chancery Court trial on breach-of-contract and trade secret claims, and his matters include Honeywell's 2023 jury trial win in an Ohio trade secrets case. Beyond trade secrets, he secured a $56 million trial judgment in Delaware for a Fortune 5 company on representations and warranties claims following a $750 million acquisition.
Lauren W. Linderman

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Lauren Linderman litigates complex commercial disputes, advocating for businesses and franchisors during trade secret, noncompete and trademark litigation and other business torts and contractual disputes.

Experience

Helps companies protect valuable trade secrets and intellectual property critical to their businesses, including providing strategic advice and oversight on trade secret protection programs and implementation of clean room development plans.
Bryan K. Washburn

Bryan K. Washburn

Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where his practice centers on trade secret and noncompete litigation, alongside complex commercial disputes and international arbitration. He handles trade secret matters from the earliest stage, investigating suspected theft before suit, bringing claims on behalf of trade secret owners, and defending against misappropriation allegations.

Education & Credentials

Bryan earned his J.D. with highest distinction from the University of Iowa College of Law in 2015, where he was elected to the Order of the Coif, and his B.S. cum laude from Truman State University in 2011. He clerked for the Hon. Donovan W. Frank of the U.S. District Court for the District of Minnesota from 2017 to 2018. He is admitted to practice in Minnesota.

Recognition & Leadership

The Best Lawyers in America has recognized Bryan as a "Ones to Watch" honoree in Commercial Litigation from 2021 through 2027. Faegre Drinker presented him with its Pro Bono Award in 2024 and placed him on its Pro Bono Honor Roll in 2022 and 2024, and he was named to the Faegre Baker Daniels Pro Bono Honor Roll in 2016 and 2018-19.

Professional Involvement

Bryan's firm insights track the trade secret damages decisions shaping current practice, including the Virginia Supreme Court's affirmance of the vacated $2 billion verdict in Appian Corp. v. Pegasystems, Inc. (2026), the flexible damages approach approved in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc. (2026), the Fifth Circuit's DTSA damages guidance in Computer Sciences Corp. v. Tata Consultancy Services Ltd. (2025), and the Ninth Circuit's burden-of-proof ruling in Comet Technologies USA, Inc. v. XP Power, LLC (2026). He has also written on the extraterritorial reach of the Defend Trade Secrets Act for Juriste International (2025) and presented in the firm's CLE webinar series Trade Secrets: Recent Developments and Hot Topics in 2021, 2023, and 2024.

Experience

Bryan represents businesses on both sides of trade secret litigation, from pre-suit investigation of alleged theft through filing actions for owners and defending misappropriation claims, and he advises clients on their trade secret protection policies and procedures. He also represents employers in restrictive covenant disputes over the enforceability and scope of noncompete and nonsolicitation agreements, including pre-suit investigations and demands. In international arbitration, he has represented U.S. clients before foreign tribunals and international clients before domestic tribunals in contract and post-merger disputes. His pro bono practice focuses on tenant housing rights, and he played an integral role on the team that won a 17-day trial for a tenants' advocacy organization against a major Minneapolis landlord, resulting in a large sanctions award.
Martin S. Chester

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Marty Chester is a seasoned trial lawyer who has tried and litigated complex commercial cases around the country, specializing in trade secret and restrictive covenant litigation while helping clients protect their competitive edge.

Experience

Extensive experience trying and litigating complex commercial cases nationwide, with specialization in trade secret and restrictive covenant litigation. Uses combination of litigation experience and business insight to navigate complex litigation.
Randall E. Kahnke

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where he tries complex commercial and intellectual property cases, including trade secret disputes, for clients such as 3M, Boston Scientific Corporation, Cargill, Honeywell, IBM, and Target. Together with the former deputy director general of the World Intellectual Property Organization, he co-edits the treatise Trade Secrets (Law Journal Press) and the book The Secrets to Winning Trade Secret Cases (Thomson West). He has served as lead trial attorney in matters from New York to California that reach across three continents, and he previously headed the firm’s business litigation practice.

Education & Credentials

Randy earned his J.D. cum laude in 1989 from the University of Minnesota Law School, where he was note and comment editor of the Law Review, after completing his B.A. summa cum laude at the University of St. Thomas in 1986. He clerked for the Hon. David S. Doty of the U.S. District Court for the District of Minnesota from 1989 to 1991. He is admitted to practice in Minnesota, before the U.S. Courts of Appeals for the Second, Eighth, Ninth, and Eleventh Circuits, and in the U.S. District Court for the District of Minnesota.

Recognition & Leadership

Chambers USA ranks Randy nationwide in Intellectual Property: Trade Secrets (2025-26) and in Minnesota for General Commercial Litigation (2005-26). World IP Review listed him as recommended for U.S. Trade Secrets in 2024, and Benchmark Litigation has named him a Future Star in Intellectual Property. The Best Lawyers in America recognizes him for Intellectual Property Litigation (2013-27), Commercial Litigation (2009-27), and Bet-the-Company Litigation (2022-27), and named him 2027 Lawyer of the Year in Bet-the-Company Litigation. Minnesota Lawyer has honored him as an Attorney of the Year (2012, 2025), on its POWER 30 Business Litigation list (2022-25), and in the Minnesota Legal 250 for Business Litigation (2026).

Professional Involvement

Randy was an inaugural member of the Sedona Conference steering committee on trade secrets and sits on the Trade Secrets Committee of the Intellectual Property Owners Association. He is a Master of the Honorable Jimmie V. Reyna I.P. Inn of Court and a past president and director of the Minnesota Chapter of the Federal Bar Association. He has co-chaired the magistrate merit selection panel for the U.S. District Court for the District of Minnesota and served on that court's Federal Practice Committee. He speaks and publishes widely on trade secret litigation, including a 2017 Georgia IP Law Institute program on the federal Defend Trade Secrets Act and recurring trade secret updates for the Midwest IP Institute.

Experience

Randy's trade secret trial work includes a federal jury verdict for a leading medical products manufacturer on trade secret claims and a multimillion-dollar jury verdict for a Fortune 100 company on tortious interference with contracts protecting trade secrets and confidential information. He held a key trial testimony role in a six-year, billion-dollar pharmaceutical trade secret dispute that ended in a permanent injunction, and he won dismissal in the Central District of California, upheld on appeal in the Ninth Circuit, of claims that a Chinese corporation took British trade secrets valued at more than $100 million. He also obtained a favorable resolution after a multiweek Delaware Chancery Court trial on breach-of-contract and trade secret claims, and his matters include Honeywell's 2023 jury trial win in an Ohio trade secrets case. Beyond trade secrets, he secured a $56 million trial judgment in Delaware for a Fortune 5 company on representations and warranties claims following a $750 million acquisition.
Lauren W. Linderman

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Lauren Linderman litigates complex commercial disputes, advocating for businesses and franchisors during trade secret, noncompete and trademark litigation and other business torts and contractual disputes.

Experience

Helps companies protect valuable trade secrets and intellectual property critical to their businesses, including providing strategic advice and oversight on trade secret protection programs and implementation of clean room development plans.
Bryan K. Washburn

Bryan K. Washburn

Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where his practice centers on trade secret and noncompete litigation, alongside complex commercial disputes and international arbitration. He handles trade secret matters from the earliest stage, investigating suspected theft before suit, bringing claims on behalf of trade secret owners, and defending against misappropriation allegations.

Education & Credentials

Bryan earned his J.D. with highest distinction from the University of Iowa College of Law in 2015, where he was elected to the Order of the Coif, and his B.S. cum laude from Truman State University in 2011. He clerked for the Hon. Donovan W. Frank of the U.S. District Court for the District of Minnesota from 2017 to 2018. He is admitted to practice in Minnesota.

Recognition & Leadership

The Best Lawyers in America has recognized Bryan as a "Ones to Watch" honoree in Commercial Litigation from 2021 through 2027. Faegre Drinker presented him with its Pro Bono Award in 2024 and placed him on its Pro Bono Honor Roll in 2022 and 2024, and he was named to the Faegre Baker Daniels Pro Bono Honor Roll in 2016 and 2018-19.

Professional Involvement

Bryan's firm insights track the trade secret damages decisions shaping current practice, including the Virginia Supreme Court's affirmance of the vacated $2 billion verdict in Appian Corp. v. Pegasystems, Inc. (2026), the flexible damages approach approved in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc. (2026), the Fifth Circuit's DTSA damages guidance in Computer Sciences Corp. v. Tata Consultancy Services Ltd. (2025), and the Ninth Circuit's burden-of-proof ruling in Comet Technologies USA, Inc. v. XP Power, LLC (2026). He has also written on the extraterritorial reach of the Defend Trade Secrets Act for Juriste International (2025) and presented in the firm's CLE webinar series Trade Secrets: Recent Developments and Hot Topics in 2021, 2023, and 2024.

Experience

Bryan represents businesses on both sides of trade secret litigation, from pre-suit investigation of alleged theft through filing actions for owners and defending misappropriation claims, and he advises clients on their trade secret protection policies and procedures. He also represents employers in restrictive covenant disputes over the enforceability and scope of noncompete and nonsolicitation agreements, including pre-suit investigations and demands. In international arbitration, he has represented U.S. clients before foreign tribunals and international clients before domestic tribunals in contract and post-merger disputes. His pro bono practice focuses on tenant housing rights, and he played an integral role on the team that won a 17-day trial for a tenants' advocacy organization against a major Minneapolis landlord, resulting in a large sanctions award.

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Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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