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)

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.

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.

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.

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.

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.

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.