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A Wide World of Secrets: Litigating Trade Secret Disputes Across Borders and Trends in Extraterritorial Jursidiction

Cunzhen Huang, Nowell Bamberger, Ducksoon Chang, Hayoun Chun, Tae Guen Kim, and Albert Lee

In this panel we will explore trends in litigating trade cases involving allegations of international misappropriation of trade secrets and other intellectual property, including the challenges in asserting such claims in multiple jurisdictions simultaneously, differences in substantive law and burdens of proof, and inconsistencies in the types of remedies available.  Increasingly, companies in the technology and life sciences spheres have looked to foreign or international forums to resolve some of their most difficult trade secrets litigation.  And increasingly those forums, particularly in the United States, have shown themselves willing to provide remedies for allegations of misappropriation that occurred outside of their territories.  This panel will focus on the considerations a claimant seeking to bring a trade secret case should consider when selecting the court or courts in which to bring the claims, how to sequence claims across jurisdictions, and considerations for parties responding to allegations of trade secret misappropriation from abroad.  

This panel was presented at the Fall 2023 Asia/Pacific Conference on “Law and Technology in a Changing World” in Seoul, South Korea.