Justice Gorsuch’s Trade Secret-Protecting Track Record

Law360

James P. Flynn, a Member of the Firm and the Managing Shareholder of the firm’s Newark office, authored an article in Law360, titled “Justice Gorsuch's Trade Secret-Protecting Track Record.” (Read the full version – subscription required.)

Following is an excerpt:

Before the Defend Trade Secrets Act became federal law in the spring of 2016, U.S. Supreme Court watchers would likely care little about prospective justices’ approach to trade secrets matters. Such matters were the province of state law, and the phrase “trade secret” might be avoided, even in passing, in the opinions of the Supreme Court for entire terms or more. But with DTSA cases being reported with increasing regularity, differences in interpretation are beginning to emerge. Supreme Court attention may follow.