This blog post discusses key trends in trade secrets for 2025, including increased scrutiny of large damage awards, potential changes to noncompete enforceability, a high success rate for plaintiffs in trade secret trials, the impact of AI on trade secret protection, and the availability of foreign damages for misappropriation under the DTSA.
On July 30, the Court of Appeals of Virginia reversed Appian Corp.’s $2 billion trade secrets judgment against competitor Pegasystems Inc. (Pega) and remanded the case for a new trial. The judgment was the largest jury award in Virginia history.
The Defend Trade Secrets Act (DTSA) celebrates its one-year anniversary on May 11, 2017. The DTSA is the most significant expansion of intellectual property law since the Lanham Act was passed in the 1940s. Approximately 70 cases were filed in California federal courts asserting DTSA claims in the past year; but, after one year of