Trade Secret Update: Key Developments and Issues to Watch in Trade Secret Law | Spring 2021 Update

This third edition of the Trade Secret Update addresses developments in US trade secret law, discusses some of the most significant criminal and civil trade secret actions, and highlights particular interpretations of the Defend Trade Secrets Act (DTSA) and its effect on trade secret litigation since it took effect five years ago. The Update addresses notable recent trade secret civil decisions, developments in the inevitable disclosure doctrine, what constitutes ownership of a trade secret to justify bringing an action, and the application of the Computer Fraud and Abuse Act where an actor exceeds his or her authority in accessing a computer system, as well as a number of issues specific to trade secret issues applying California law. The Update also addresses international trade secret issues, such as extraterritorial application of the DTSA despite a presumption against such application, trade secret holders using the International Trade Commission forum to protect from misappropriation, and a primer on Japanese trade secret law.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Trade Secret Update: Key Developments and Issues to Watch in Trade Secret Law | Spring 2021 Update

This third edition of the Trade Secret Update addresses developments in US trade secret law, discusses some of the most significant criminal and civil trade secret actions, and highlights particular interpretations of the Defend Trade Secrets Act (DTSA) and its effect on trade secret litigation since it took effect five years ago. The Update addresses notable recent trade secret civil decisions, developments in the inevitable disclosure doctrine, what constitutes ownership of a trade secret to justify bringing an action, and the application of the Computer Fraud and Abuse Act where an actor exceeds his or her authority in accessing a computer system, as well as a number of issues specific to trade secret issues applying California law. The Update also addresses international trade secret issues, such as extraterritorial application of the DTSA despite a presumption against such application, trade secret holders using the International Trade Commission forum to protect from misappropriation, and a primer on Japanese trade secret law.

Read more

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Associate Steven Arango to Speak at the Veterans' Legal Career Fair

On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.

September 18, 2026

Publications

In American Banker, Partner Laurel Loomis Rimon Weighs in on OCC's Handling of Fintech Bank Charter Applications

Partner Laurel Loomis Rimon spoke with American Banker about how the Office of the Comptroller of the Currency is approaching bank charter applications from fintechs, amid a growing wave of companies seeking charters from federal regulators.

August 18, 2026

Event

Partner David Greenwald to Speak at PLI Program on Privilege and AI

On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).

August 17, 2026

Publications

In Law360, Trump Debarment Threat Calls for Targeted Defense Plan

Partners Ashley Callen and David Robbins authored an article for Law360 examining how entities should respond when suspension or debarment is threatened directly by the president, rather than initiated through the usual agency-driven process.

August 6, 2026