INTRODUCTION Contributed by: Claudia Ray, Joseph Loy, Josh Berlowitz and Andrew (Keum Yong) Lee, Kirkland & Ellis LLP
As explored in this Global Practice Guide, a robust body of case law is developing on topics such as pleading requirements, the required particularity for descriptions of trade secrets in discovery, liability based on conduct predating the enactment of the DTSA and allowable measures of damages. The enactment of the DTSA, not surprisingly, has resulted in a significant uptick in federal filings, as trade secret owners seek to benefit from the perceived uniformity and predictability of the federal courts. Moving for - ward, counsel should keep up to date with the latest developments in DTSA litigation, which is proving to be an indispensable part of every trade secret owner’s toolkit. International Considerations Protecting trade secrets internationally continues to be dynamic and unpredictable. Courts in the USA are just beginning to grapple with issues of liability and damages based on conduct occurring overseas, while many foreign jurisdictions are themselves still devel - oping their trade secret jurisprudence. Global busi - nesses must navigate the laws of each country and territory on a case-by-case basis and make informed decisions about how to safeguard trade secrets local - ly as well as centrally, to ensure that they do not inad - vertently lose global protection for failure to comply with a single foreign law.
Trade secret owners conducting business in the USA should also not forget that the US International Trade Commission (ITC) can conduct investigations and rec - ommend prohibitions against importing articles based on the theft of trade secrets. Although there was a long lull in such investigations, there has been a surge in investigations and enforcement actions at the ITC in recent years. As a result, companies doing business globally should stay apprised of the latest developments in litigation involving international parties, whether in the federal court system, at the ITC or globally – that part, the authors assure you, is not a secret.
7 CHAMBERS.COM
Powered by FlippingBook