It's only been five years since the Defend Trade Secrets Act was passed, but the highly anticipated law has already had a big impact on trade secret litigation. Trade secret filings were on the rise even before the DTSA and have only increased since. Texas is no exception: three judicial districts in Texas—the Eastern, Northern and Southern Districts—were among the top five in the United States for trade secret litigation filings, according to an analysis by the global advisory firm Stout. Meanwhile, workplace trends affected by the pandemic shutdown are expected to keep trade secret litigation dockets busy going forward.

Generational Workplace Changes are Fueling the Increase

The gears were in motion for an increase in trade secret litigation well before the Defend Trade Secrets Act was enacted five years ago. Those forces include fundamental changes in the way we live and work, the evolution of the digital economy and competitive dynamics in the marketplace.