On March 13, 2025, the U.S. District Court for the Eastern District of New York dismissed a trade secret misappropriation claim under the Defend Trade Secrets Act (“DTSA”), finding that the employer failed to plead it had taken reasonable measures
Latest from Proskauer on Trade Secrets - Page 2
District Court Dismisses Trade Secrets Claim Lacking Explicit Expectation of Privacy
On February 20, 2025, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failing to identify explicit language establishing an expectation of privacy to the protected information.
Plaintiffs in Vertical Bridge REIT
Seventh Circuit Decision Highlights Distinction Between Traditional Non-Compete and Forfeiture-for-Competition
A recent decision by the U.S. Court of Appeals for the Seventh Circuit allowed an employer to enforce a “forfeiture-for-competition” against a former plant manager. The Court explained that, under Delaware law, forfeiture-for competition is not subject to the same
Jury Awards $452 Million After Trade Secrets Trial
On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory and punitive damages after finding Defendants willfully misappropriated Insulet’s trade secrets. Insulet Corp. v. EOFlow Co. Ltd., et
EV Trade Secrets Litigation Series: Tesla and Rivian Resolve High-Stakes Legal Clash Over IP
After getting the green light to proceed to a trial in March of 2025, Tesla and Rivian have reportedly reached an agreement to settle their trade secret dispute out of court. Tesla and Rivian officially filed for dismissals in mid-December
Virginia Court of Appeals Vitiates Multi-Billion Dollar Trade Secrets Verdict
Finding errors in the lower court’s jury instructions and evidentiary rulings, the Virginia’s Court of Appeals struck down a $2 billion trade secrets award, the largest trade secrets verdict in the state’s history. Despite striking the damages award, the court
Streamlining University IP Innovation: How the Improving Efficiency to Increase Competition Act Could Advance University Inventions
University-driven innovation is a cornerstone of societal progress, as academic institutions play a pivotal role in advancing research and technology that fuel economic growth, enhance quality of life, and address global challenges. With access to federal grants and a collaborative
EV Trade Secrets Litigation Series: EV Trade Secrets Dispute Takes a Twist as $71M Verdict is Overturned
Continuing our series on electric vehicle (EV) trade secret litigations, a federal judge has overturned a jury’s verdict awarding $71 million to Zunum Aero, Inc. for The Boeing Company’s violation of the Washington Trade Secrets Act. Despite the jury’s multi-million-dollar
EV Trade Secrets Litigation Series: Tesla v. Rivian – A High-Stakes Legal Showdown
Litigating Trade Secrets in Biotech, Life Sciences, and AI: The High-Stakes Battle Over Clinical Trial Innovations
In the rapidly evolving biotech and life sciences sectors, the importance of trade secrets has grown significantly. Companies are investing heavily in research and development to create cutting-edge treatment therapies. Protecting proprietary methodologies and innovations is crucial for maintaining competitive