Five Trade Secret Trends That Could Shape 2013

In an article authored for Law360, Randy Kahnke, Kerry Bundy and Peter Magnuson of Faegre Baker Daniels highlighted five trends in trade secret law to watch in 2013. As 2012 brought significant developments in trade secret law, litigators should consider the following trends that promise to have a big impact in 2013:

• The increasing federal power being brought to bear on trade secret law
• A deepening circuit split over the interpretation of the Computer Fraud and Abuse Act
• Increasing litigation involving social media
• The necessity of written confidentiality agreements for sophisticated businesses to protect trade secrets
• Case law that increasingly demands that plaintiffs identify trade secrets with "reasonable particularity" before obtaining discovery