2019 marked another exciting year for trade secret litigation.
Approximately 1,400 new cases were filed in federal courts, holding
fairly steady with the number filed in 2018. Successful federal
plaintiffs were awarded more than $45 million total for their trade
secret claims, with an average award of about $1.1 million. 2020 is
expected to be equally eventful for trade secret litigation.
Similarly, 2019 was eventful for legislation and enforcement
related to trade secrets. Seven states amended or enacted statutes
restricting noncompete agreements—an important tool in
protecting an employer's trade secrets—and California
federal courts restricted nonsolicitation agreements. The Trump
administration heightened efforts to combat intellectual property
theft and espionage from China. The Department of Justice also
argued that indictments for conspiracy or attempt to steal trade
secrets need not identify those secrets. Looking ahead, legislative
and agency focus on
