Insights on Trade Secrets, Noncompetes & Employee Mobility

Chicago Partner Matt Prewitt will serve as a moderator at the IP Strategy Summit: New York, hosted by CenterForce, on November 19 in New York.

ArentFox Schiff Partner Lauren Schaefer will speak at Practising Law Institute’s (PLI) Noncompetes and Restrictive Covenants: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know program on October 1, 2026.

On July 14, the Ninth Circuit vacated a $40 million jury verdict against XP Power, LLC in a closely watched trade secret misappropriation case brought by Comet Technologies USA, Inc. and its affiliates under the federal Defend Trade Secrets Act (DTSA) and, at least initially, the California Uniform Trade Secrets Act (CUTSA).

ArentFox Schiff is pleased to announce that Partner Linda Jackson, co-leader of the Complex Litigation and Trade Secrets, Noncompetes & Employee Mobility practices, has been elected a Fellow of the College of Labor and Employment Lawyers.

ArentFox Schiff is pleased to announce that 23 practices and 81 attorneys have been recognized by The Legal 500 United States 2026 guide.

The Federal Circuit held that the district court erred by precluding plaintiffs from pursuing unjust enrichment damages for trade secret misappropriation claims.

ArentFox Schiff is pleased to announce that 68 attorneys were recognized as leaders in their field and 25 practices spanning the firm’s litigation, regulatory, and transactional capabilities, as well as key industries, were ranked among the best in the country in the 2026 edition of Chambers USA: America’s Leading Lawyers for Business.

In a 2-1 decision authored by Judge Timothy B. Dyk, the Federal Circuit reversed a jury verdict awarding Insulet Corporation over $59 million in compensatory and exemplary damages for trade secret misappropriation under the Defend Trade Secrets Act (DTSA).

Chicago Partner Matt Prewitt will serve as a panelist at the Trade Secret Strategy Summit: New York, hosted by CenterForce, on June 3, 2026, in New York.

Tennessee is the latest jurisdiction to enact legislation restricting and defining the permissible use of noncompete agreements.

Virginia is the latest jurisdiction to enact legislation broadening restrictions on the use of noncompete agreements.

ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team authored two chapters in the Trade Secrets 2026 guide, published by Chambers and Partners as part of their Chambers Global Practice Guides series.

Washington has joined the growing list of states that ban almost all employee noncompete agreements.

In a significant decision, the Delaware Supreme Court reversed the dismissal of Payscale, Inc.’s breach of contract claims arising from Erin Norman’s alleged violations of the noncompete, non-solicitation, and confidentiality provisions contained in the incentive equity agreement that she signed as an employee.

Chicago Partner Matthew Prewitt will participate in the 8th Annual Trade Secrets, Noncompetes, and Other Competitive Restrictions — Hot Topics and Latest Developments program on April 7 in Chicago.

When confronted with defense arguments that the alleged misappropriation should have been discovered sooner with reasonable diligence and as such the claims were time-barred, the Eastern District of Virginia holds that the plaintiff, SkyBell, prevails due in part to contractual restrictions limiting Alarm.com’s permitted uses of licensed — and allegedly misappropriated — SkyBell technology; and that, without the benefit of hindsight the court can not conclude SkyBell was on notice.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

The Fifth Circuit affirmed summary judgment on the plaintiff’s trade secrets claims under the Defend Trade Secrets Act (DTSA) and Louisiana Uniform Trade Secrets Act (LUTSA), holding that the plaintiff failed to establish that its training materials, client list, and member database qualified as protectable trade secrets.

Join attorneys Linda Jackson, Douglas Grimm, Jeff Weston, and Pat Naples as they address recent developments affecting the use of noncompete agreements in the health care industry.

The plaintiff, NEXT Payment Solutions, Inc., designs and develops customer service software. The defendant, CLEAResult Consulting, Inc., provides North American utilities with energy efficiency programs and services for utility customers, including the opportunity to schedule in-home appointments for services like home energy-efficiency assessments.

ArentFox Schiff is pleased to announce that five practice areas and 12 attorneys were recognized by Chambers Global 2026, including in the guide’s newly minted Global Market Leaders category.

Download ArentFox Schiff’s Complete Annual 2025 Trade Secrets End of Year Report.

The Federal Trade Commission (FTC) held a workshop on January 27, entitled, “Moving Forward: Protecting Workers from Anticompetitive Noncompete Agreements.”

A magistrate judge of the US District Court for the District of Delaware issued a report and recommendation recommending the denial of the defendants’ Rule 12(b)(6) motion to dismiss SambaSafety’s Defend Trade Secrets Act (DTSA) claim arising from alleged misappropriation of driver compliance software and related data systems.

ArentFox Schiff is pleased to announce the election of 18 new partners, effective January 1, 2026.