Key Trade Secret Developments of 2021: Part 1

In a coauthored article for Law360, business litigation partners Randy Kahnke, Kerry Bundy and Lauren Linderman and associates Matthew Burkhart, Stacie Linguist and Anna Sallstrom outline five significant developments in trade secret law from 2021, including takeaways that summarize key issues and practice tips.

The authors share guidance for each of the following topics:

1. The U.S. Supreme Court’s resolution of a circuit split on the scope of the Computer Fraud and Abuse Act, narrowing the scope of conduct covered by the statute.
2. The federal government’s steps toward curbing the use of noncompetition agreements.
3. A California court’s guidance on the viability of a threatened misappropriation theory.
4. An Illinois federal court’s analysis of the heavy burden faced by a trade secret defendant requesting dismissal on forum non conveniens grounds in favor of a Chinese court.
5. An Illinois appellate court’s affirmance of an attorney fee award for a bad faith misappropriation claim.

The full article is available for Law360 subscribers.