Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session provided an overview of some recent trade secret decisions, a preview of consequential decisions expected in 2024, and trade secret best practices. In particular, Joel and Michelle addressed recent decisions involving the extraterritorial reach of the Defend Trade Secrets Act, the current split in federal circuit courts about the recovery of avoided costs as a proxy for unjust enrichment damages, and the pending appeal from the $2 billion jury verdict in 2022 in the Appian Corporation v. Pegasystems case. Finally, the session discussed the FTC’s recent rule banning non-compete agreements, best practices for non-disclosure agreements, and trade secret considerations.
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