5 Trade Secret Trends That Could Shape 2013

Law360, New York ( February 14, 2013, 1:29 PM EST) -- The year 2012 brought significant developments in trade secret law. Litigators should consider trends that promise to shape further developments in the upcoming year. We highlight five in particular: (1) the increasing federal power being brought to bear on trade secret law; (2) a deepening circuit split over the interpretation of the Computer Fraud and Abuse Act; (3) increasing litigation involving social media; (4) the necessity of written confidentiality agreements for sophisticated businesses to protect trade secrets; and (5) case law that increasingly demands that plaintiffs identify trade secrets with "reasonable particularity" before obtaining discovery....

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