TRADE SECRET LITIGATION
CD: What has changed most in trade secret litigation over the past five years? How should in-house teams respond?
Steadman: US trade secret litigation has changed in at least two important ways. First, filings have exploded. Federal trade secret cases topped 1500 in 2025, the highest total ever recorded, some as state law claims alone, but most also invoking the federal Defend Trade Secrets Act (DTSA). In-house teams need to be ready for that volume. Companies commonly staff an IP team dedicated to patent and trademark disputes, but trade secrets often land on the backburner or get forgotten entirely until a dispute is already well underway. The second change is artificial intelligence (AI). AI now permeates trade secret litigation, with disputes over stolen model architecture and training data becoming more common. But AI is also becoming embroiled in issues such as discovery and privilege fights in disputes which have nothing to do with AI itself. Sometimes the AI model is the trade secret stolen. Other times it simply complicates discovery and proof. In-house counsel need a plan for both.
Sikellis: The most significant change is that trade secret litigation has become more central to enterprise risk management. Historically, many trade secret disputes arise in connection with departing employees or competitor hiring. Those cases remain important, but the landscape has broadened considerably. Trade secret issues now arise in a wider range of commercial, technology, collaboration, vendor and data-related disputes. In-house teams should respond by treating trade secrets as a proactive governance issue rather than an after-the-fact litigation issue.
Oct-Dec 2026 issue
DLA Piper
Novartis