The Secret to Success with Trade Secrets – 5 Factors That Litigation Funders Should Consider When Evaluating Trade Secrets Cases
The following article is a contribution from Ben Quarmby and Jonathan E. Barbee, Partner and Counsel at MoloLamken LLP, respectively.
Litigation funders have trade secrets on their minds. Since the introduction of the Defend Trade Secrets Act (DTSA) in 2016, trade secrets litigation has been on the rise. Over a thousand trade secrets cases were filed in federal court in both 2021 and 2022. By all accounts, that trend is set to continue. Big verdicts have followed, with some trade secrets verdicts now rivaling the biggest patent verdicts. In the information age, a company’s most valuable intellectual property may not be its patents after all, but the wealth of non-patented, proprietary information surrounding its ideas—its trade secrets.
