Understanding and Litigating Trade Secrets: An Outline for Analyzing the Statutory and Common Law of Trade Secrets In Illinois

Jenner & Block Partners Debbie L. Berman and April A. Otterberg and Associate Miriam J. (M.J.) Wayne have authored the fourth edition of Understanding and Litigating Trade Secrets, which analyzes the complex and growing body of Illinois and federal statutory and decisional case law addressing the protection of confidential and trade secret information. The outline also provides practical suggestions for counseling clients and defending or prosecuting trade secret misappropriation claims, including in-depth discussions of the varied substantive and procedural issues that arise in trade secret litigation.

Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, case law addressing the protection of confidential and trade secret information has continued to develop, especially with the advent of the federal Defend Trade Secrets Act of 2016.  In addition to case law updates through the outline, this fourth edition contains a new and comprehensive summary of the developing law under the federal Act, an updated 50-state survey of the law on the inevitable disclosure doctrine, and a discussion of the evolving Illinois jurisprudence and laws concerning restrictive covenants in employment relationships.

Although Illinois law remains the focus of this outline, it is useful to anyone working to protect trade secrets or litigating a trade secret matter. The law in many U.S. jurisdictions reflects concepts similar to those found in Illinois, and the “practice tips” included throughout the outline provide useful ideas no matter the applicable law. 

Associates Daniel S. McCord, Andrew J. Plague, Connor S. W. Rubin, and Abraham M. Salander served as contributing authors to the publication.

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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.

Understanding and Litigating Trade Secrets: An Outline for Analyzing the Statutory and Common Law of Trade Secrets In Illinois

Jenner & Block Partners Debbie L. Berman and April A. Otterberg and Associate Miriam J. (M.J.) Wayne have authored the fourth edition of Understanding and Litigating Trade Secrets, which analyzes the complex and growing body of Illinois and federal statutory and decisional case law addressing the protection of confidential and trade secret information. The outline also provides practical suggestions for counseling clients and defending or prosecuting trade secret misappropriation claims, including in-depth discussions of the varied substantive and procedural issues that arise in trade secret litigation.

Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, case law addressing the protection of confidential and trade secret information has continued to develop, especially with the advent of the federal Defend Trade Secrets Act of 2016.  In addition to case law updates through the outline, this fourth edition contains a new and comprehensive summary of the developing law under the federal Act, an updated 50-state survey of the law on the inevitable disclosure doctrine, and a discussion of the evolving Illinois jurisprudence and laws concerning restrictive covenants in employment relationships.

Although Illinois law remains the focus of this outline, it is useful to anyone working to protect trade secrets or litigating a trade secret matter. The law in many U.S. jurisdictions reflects concepts similar to those found in Illinois, and the “practice tips” included throughout the outline provide useful ideas no matter the applicable law. 

Associates Daniel S. McCord, Andrew J. Plague, Connor S. W. Rubin, and Abraham M. Salander served as contributing authors to the publication.

Read the full report.

Related Locations

© 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.

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