All Episodes

Episode 93: Circuit Cases on Measuring Damages and Whether Misappropriation Can be a RICO Predicate

TSLE Industry Voices - Richard P. Davies (Episode 92)

TSLE Industry Voices - David Gould (Episode 91)

Episode 90: New Circuit Cases on Statute of Limitations and the Preliminary Injunction Standard

TSLE Industry Voices - Joe Perez (Episode 89)

Episode 88: Ownership Issues

Episode 87: Trade Secret Identification at the TRO and Summary Judgment Stages

Episode 86: Two Circuit Cases on Damages Apportionment and Trade Secret Identification

Episode 85: 2025 Year in Review

Episode 84: How a 16th Century French Shipwreck Implicated the Florida Uniform Trade Secrets Act

Episode 83: "I Love Rumors"

Episode 82: Micheal Binns, Head of Patents and Trade Secrets at Meta

Episode 81: FTC Noncompete Ban Update

Episode 80: Statute of Limitations, Scope of Permitted Trade Secret Use, and Reasonable Measures

Episode 79: The Ninth Circuit Revisits "The Delicate Problem"

Episode 78: When Are Misappropriators Dangerous Enough to be Enjoined?

Episode 77: Establishing Irreparable Harm and Likelihood of Success

Episode 76: Two Circuit Cases on Trade Secret Identification, Proof of Misappropriation and Contractual Damages Waivers

Episode 75: New Cases on Statute of Limitations and Trade Secret Identification

Episode 74: First-to-File Rule, Res Judicata, and Statute of Limitations

Episode 73: Year in Review

Episode 72: Starting the AI Conversation

Episode 71: How Destroy and Certify Clauses Can Trigger the Statute of Limitations and the Showing Necessary for Irreparable Harm

Episode 70: The First Circuit Addresses Two States' Competing Noncompete Policies

Episode 69: Prevailing Parties, Expert Costs as Damages, and Trade Secret Identification

Episode 68: FTC Noncompete Ban Enjoined

Episode 67: Extraterritorial Application of the Defend Trade Secrets Act

Episode 66: A Conversation with a Rocket Lawyer

Episode 65: Should You Inventory Trade Secrets?

Episode 64: The FTC's Non-Compete Decree

Episode 63: Federal Subject Matter Jurisdiction, Trade Secret Ownership and Presumed Injunctive Relief

Episode 62: Non-Compete Agreements in Missouri and a New Preemption Case

Episode 61: Year in Review

Episode 60: Two States' Approaches to Preemption

Episode 59: A Federal Judge's Wisdom and Tips on Trade Secret Cases

Episode 58: How the FBI Foiled a Conspiracy to Steal Agricultural Trade Secrets

Episode 57: Takeaways from Trade Secret IP Protection & Litigation - Boston

Episode 56: Device Turnover Orders

Episode 55: Trade Secret Identification at Trial and Avoided Cost Damages

Episode 54: Reconciling Vicarious Liability Principles with Indirect Misappropriation Requirements

Episode 53: Pleading on "Information and Belief" and the Time Period for which Damages are Recoverable

Episode 52: Year in Review

Episode 51: The Sixth Circuit Analyzes Key Concepts in Trade Secret Law in Affirming Major Jury Verdict

Episode 50: TSLE Celebrates 50

Episode 49: The Seventh Circuit Addresses Trade Secret Identification and Proof of Misappropriation

Episode 48: The Tenth Circuit Addresses Causation, Exemplary Damages and Attorneys Fees under the Uniform Trade Secrets Act

Episode 47: The Fine Line Between Lawful Notification and Unlawful Solicitation, and Injunction Specificity

Episode 46: Reconciling Trade Secret Law with Public Records Acts, Trade Secret Identification and Supersession

Episode 45: "The Head Follows the Heart" – Building a Case from Suspicion to Seven-Figure Jury Verdict

Episode 44: Lessons in Proof from a Recent Summary Judgment Case

Episode 43: The Thrill of Fishing Coordinates and the Agony of Marginal Costs

Episode 42: 2021 Year in Review

Episode 41: Preemption and the Risk of "Shotgun" Pleadings, and the Showing Required for Sealing Trade Secrets in Court Records

Episode 40: A Deep Dive Into the Trade Secret Misappropriation Statute of Limitations

Episode 39: Proving "Compilation" Trade Secrets and Damages After a Preliminary Injunction

Episode 38: President Biden's Executive Order on Competition and the Meaning of "Use" under the Defend Trade Secrets Act

Episode 37: The Supreme Court Interprets the Computer Fraud and Abuse Act, and the Latest on the China Initiative

Episode 36: "Avoided Costs" as Damages and The Protecting American Intellectual Property Act of 2021

Episode 35: Sabotage as Misappropriation and Surviving Summary Judgment

Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act

Episode 33: An Overview of Forensic Investigations with Expert Jim Vaughn

Episode 32: Preemption by the UTSA, Compilations as Trade Secrets, and the Ninth Circuit's Decision on Pre-DTSA Enactment Disclosures

Episode 31: Year in Review

Episode 30: Sufficiently Identifying Trade Secrets to Avoid Summary Judgment, Factors Relevant to Customer Data as Trade Secrets

Episode 29: Criminal Enforcement of Trade Secret Protection

Episode 28: Agency, Indirect Misappropriation and Intrinsic Knowledge as a Trade Secret

Episode 27: Attorneys' Fees in Trade Secret Cases, Filing Under Seal and Challenges in Obtaining a TRO

Episode 26: Extraterritorial Application of Trade Secret Law and Proving What Constitutes a Trade Secret

Episode 25: Trade Secrets Subsumed in a Patent, Claims for Misappropriation Before DTSA's Enactment, and the Economic Loss Rule

Episode 24: Examining Trade Secret Identification at the Summary Judgment Stage, and the Podcast's One Year Anniversary

Episode 23, Quarantine Edition: The 11th Circuit Breaks Down Improper Means and Misappropriation of Compilations

Episode 22: Quarantine Edition - Trade Secret Ownership, Pleading Misappropriation and Inevitable Disclosure

Episode 21: Quarantine Edition – Subject Matter Jurisdiction under the Defend Trade Secrets Act, Distinguishing Trade Secrets from Other Stolen Information, and "Indirect" Misappropriation

Episode 20: Forging On, Trade Secret Protection for a Remote Workforce, and "High Level" Trade Secret Identification

Episode 19: What You Need for a Preliminary Injunction, and Trade Secret Protection for Cannabis Companies

Episode 18: The Value of Explaining What Your Trade Secret Does, Reasonable Efforts to Maintain Secrecy and "Improper Means"

Episode 17: Identifying Trade Secrets for an Injunction, Inevitable Disclosure and Preemption Issues

Episode 16: California CLE Eligibility, the Tangibility of a Trade Secret, How Fast to Cut off Terminated Employee Access and More

Episode 15: What Constitutes a Trade Secret, the Meaning of Misappropriation, and Uniform Trade Secret Act 'Preemption'.

Episode 14: The Year in Review

Episode 13: Lettuce, Baseball and Circumstantial Evidence

Episode 12: Focusing Trade Secret Identification and Whether After-the-Fact Protections Work

Episode 11: Major Decision on Statute of Limitations, the Continuing Evolution of Trade Secret Identification, and Protecting Your Trade Secrets in Public Proceedings

Episode 10: The Fact-Intensive Nature of Trade Secret Cases

Episode 09 (Bonus Episode): Trade Secret or Patent Protection?

Episode 08: Preemption, Proving Likelihood of Success After Unauthorized Mass Download, Federal Subject Matter Jurisdiction and Pre-DTSA Misappropriation

Episode 07: Soaring Litigation Costs, What to do About it, Proving That Your Asset is a Trade Secret, and Keeping it That Way

Episode 06: What Trade Secret Identification Really Means, Consent to Disclosure and Sufficiency of Evidence

Episode 05: Choice of Law, Trade Secret Identification, Supporting Independent Economic Value and More

Episode 04: Sovereign Immunity from Trade Secret Theft and What Courts Consider When Ruling on Trade Secret Status

Episode 03: Trade Secret Identification, Irreparable Harm and More

Episode 02: Agency, Statute of Limitations, Inevitable Disclosure and More

Episode 01: Pilot