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

Publications

In New York Law Journal, The True Lender Doctrine and the OppFi Decision

Partners Jeremy Creelan, Michael Ross, Megan Poetzel, and Laurel Loomis Rimon, and Associate Molly Oberstein-Allen authored an article for the New York Law Journal examining the "True Lender" doctrine in light of a May 2026 California decision that provides the most detailed judicial framework to date for evaluating bank-nonbank lending partnerships.

July 1, 2026

Event

Partner Michael Vernick to Speak at NACUA's 2026 Annual Conference

On July 1, Partner Michael Vernick will speak on a panel at the National Association of College and University Attorneys (NACUA) 2026 Annual Conference in Nashville.

July 1, 2026

Publications

In Employee Relations Law Journal: What Happens When ERISA Disability Deadlines Slip

Partner Joseph Torres along with Associates Emma O'Connor and Christopher LeWarne, authored an article for the Employee Relations Law Journal analyzing a significant Fourth Circuit decision with substantial consequences for ERISA disability plan administrators.

June 23, 2026

Publications

In Law360, Partner Samuel Feder Analyzes the Supreme Court's Ruling in FCC v. AT&T

Partner Sam Feder authored an article in Law360 examining the Supreme Court's June 4 decision in Federal Communications Commission v. AT&T Inc., which rejected AT&T's and Verizon's argument that the FCC's forfeiture process violates the Seventh Amendment right to a jury trial.

June 16, 2026