Trade Secrets 2022: Analysis of the Year’s Key Cases & Trends
2022 proved to be a consequential year for trade secrets, non-competes and other restrictive covenants. The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) took substantial steps to curtail the use of non-competes and no poaching agreements writ-large. State governments continued to issue new legislation targeting these agreements. Litigators should also take note of the high number of reported decisions in trade secret cases across the country, which demands careful attention to the nuances of developing law in the areas in which they practice. Finally, plaintiffs with persuasive misappropriation claims achieved some of the largest jury verdicts to date and have been able to convince courts to award severe sanctions in cases of spoliation.
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