2023: A Year in Review for Trade Secret Litigation

2023 confirmed that, in some ways, trade secret litigation remains the Wild West for litigants. Large verdicts and unsettled law have made this a popular venue for plaintiffs. 2023 did little to disrupt the status quo. The trial courts struggled to apply consistent standards in interpreting eligibility for trade secret protection, the requisite level of specificity required for identification of the asserted trade secrets, the pleading standard and appropriate damages. Meanwhile, the circuits remained split on key issues such as damages. And the Supreme Court declined to weigh in on a key issue for trade secret damages that has been the basis for several recent mega-verdicts: the “avoided costs” measure of damages.

2023 Clarifications Regarding What Is (and Isn’t) Eligible for Trade Secret Protection