2013 Trade Secrets Litigation Round-Up

January 31, 2014

Over the past year, there have been several significant developments in trade secrets law, amidst growing concern about the devastating effect of trade secret theft on U.S. companies–both by insiders-turned-competitors, and by those working for foreign companies and sovereigns.  In 2013, the White House announced a broad trade secret theft prevention strategy, and the Department of Justice continued to vigorously prosecute criminal trade secret theft, unsealing an indictment against two former Eli Lilly & Co. scientists alleged to have stolen trade secrets valued at $55 million for the benefit of a Chinese competitor.  In the legislative arena, Congress enacted a new amendment to strengthen the penalties available for those convicted under the Economic Espionage Act ("EEA"), while Texas became the forty-seventh state to adopt the Uniform Trade Secrets Act ("UTSA").  In the civil trade secrets realm, 2013 saw important appeals in the long-standing Bratz doll trade secrets dispute, and in the blockbuster DuPont-Kolon protective fiber battle. 

Jason Schwartz, Alexander Southwell, Molly Senger and David Schnitzer of Gibson Dunn highlight these and other significant 2013 developments in trade secrets law in their article "2013 Trade Secrets Litigation Round-Up" published in BNA’s Patent, Trademark & Copyright Journal in January 2014.

Reprinted with permission from BNA’s Patent, Trademark & Copyright Journal, 1/31/2014.  © 2014, The Bureau of National Affairs, Inc. 

Gibson, Dunn & Crutcher’s lawyers are available to assist in addressing any questions you may have regarding the issues discussed in this update.  Please contact the Gibson Dunn lawyer with whom you usually work or the authors:

Jason C. Schwartz (202-955-8242, [email protected])
Alexander H. Southwell (212-351-3981, [email protected])
Molly T. Senger (202-955-8571, [email protected])
David A. Schnitzer (202-887-3775, [email protected])

Please also feel free to contact any of the following practice group co-chairs:

Labor and Employment Group:
Eugene Scalia – Washington, D.C. (202-955-8206, [email protected])
Catherine A. Conway – Los Angeles (213-229-7822, [email protected])