Trade Secrets 2026

USA Trends and Developments

Trends and Developments Contributed by: Dawn Mertineit, Michael Wexler and Marcus Mintz Seyfarth Shaw LLP

Seyfarth Shaw LLP has 18 offices domestically and abroad, and a team of over 60 trade secret/restric - tive covenant attorneys in major US cities. The ex - perienced team emphasises proactive measures to prevent and address intellectual property theft and aggressively protect clients’ legitimate business in - terests. Their approach includes advising on trade secret protection policies, audits of existing secrets, restrictive covenants agreements, electronic informa - tion protection systems, and training. In the event of theft or violation, Seyfarth assists clients in protecting and recovering assets, as well as defending clients

from such claims. They pursue injunctions, collabo - rate with law enforcement, work with private inves - tigators and other experts, and represent clients at trial and arbitration. Recent success stories include injunction victories in high-stakes technology mat - ters, obtaining large jury trial verdicts, and complete defence decisions in “bet-the-company” trials and arbitrations. Seyfarth’s resources include its 50-State Non-Competes Desktop References, Trade Secrets Webinar Series, and award-winning Trading Secrets Blog, offering valuable insights for businesses.

Authors

Dawn Mertineit is the co-chair of Seyfarth’s Trade Secrets, Computer Fraud, and Non-Competes practice. With nearly 20 years of experience, she focuses on complex commercial litigation with a particular emphasis

Michael Wexler is the co-chair of Seyfarth’s Trade Secrets, Computer Fraud, and Non-Competes practice. He focuses on complex commercial litigation with a particular emphasis on trade secrets and restrictive

on trade secrets and restrictive covenant disputes. Dawn represents companies across a wide range of industries and regularly litigates and arbitrates matters involving misappropriation of proprietary information, unfair competition, and employee mobility issues throughout the United States. Her cross-jurisdictional knowledge is particularly valuable as restrictive covenant laws continue to evolve. Dawn is also a thought leader in the field and serves as an editor of Seyfarth’s award-winning Trading Secrets blog, where she analyses developments affecting businesses nationwide.

covenant disputes. Michael represents companies in high-stakes matters involving misappropriation of proprietary information, unfair competition, and employee mobility issues across industries including financial services, technology, cybersecurity, and life sciences. He has extensive experience handling emergency injunctions, trials, and complex multi- jurisdictional disputes. Michael is also a recognised thought leader on developments affecting trade secrets and non-compete law and regularly speaks and writes on emerging regulatory and litigation trends impacting the protection of confidential business information.

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