July 08, 2020 Articles

Trade Secret Strategy Update: Data on the DTSA

Judges see trade secret claims sort of like torts, sort of like contracts, and sort of like intellectual property. Employment attorneys are filing these cases.

By Rachel Bailey

Intellectual property practitioners love to talk about trade secrets. They are intangible property, so trade secrets are within our purview, right? Well . . . a look at the landscape of trade secret litigation under the federal Defend Trade Secrets Act (DTSA) paints a different picture. Trade secret law brings together contracts, torts, employment, and, yes, intellectual property, in an exciting strategic challenge. This article explores some trends in DTSA litigation and describes how taking a collaborative approach across practice areas will help practitioners strategize in this unique arena.

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