The Recorder quoted partner Seth Gerber in an article about a report by Lex Machina highlighting California as the leader in trade secret litigation from 2021 to 2023, focusing on the high volume of cases in California courts, trends in trade secret litigation, and insights from key legal professionals regarding the increasing use of the federal Defend Trade Secrets Act.
Per the report, Seth and partner Debra Fischer defended the second-most trade secrets cases in the United States. Seth said California has “one of the strongest economies in the world, where innovation, open competition and employee mobility are deemed paramount as a fundamental public policy,” which contributes to trade secret litigation.
On the future of trade secret litigation, Seth said it “will likely increase in the coming years as the federal Defend Trade Secrets Act’s extraterritorial application is invoked more frequently in cross-border disputes,” adding, “We are still at the infancy stage in using the federal Defend Trade Secrets Act to address the billions of dollars in trade secrets of U.S. corporations that is wrongfully exfiltrated to other nations or by foreign governments.”