Overview (Program Summary)
This presentation will provide a 2025 update on trade secret issues and will focus specifically on three topics. First, we will address the current status of appellate proceedings over the $2 billion jury verdict in the Appian Corporation v. Pegasystems case. In last year’s trade secret update, we discussed the May 2022 trial result in Appian and the appeal. This year we will consider the July 30, 2024 decision by the Virginia Court of Appeals (reversing the jury award) and the arguments pending in the Virginia Supreme Court. Second, we will cover best practices for protecting trade secrets with NDAs, including recent case law about notice obligations during performance of non-disclosure obligations. Third, we will consider the intersection of trade secrets and generative AI technologies and how courts might address trade secret claims arising out of generative AI platforms and large language models.
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