29 jurisdiction over cross-border disputes, reinforcing the need for globally consistent protection and documentation practices. Across jurisdictions, the trend is clear—trade secret governance is evolving from a business norm into a legally enforceable standard of care.” Grotzinger (Greenberg Traurig) outlined how companies can strengthen that protection. “Jurisdictions have different standards for the level of required protection, but regardless of jurisdiction, the trade secret owner should make its protection as robust as possible, and protection generally falls into four categories: (1) contracts and corporate policies (like NDAs, confidentiality clauses in employment agreements and corporate policies restricting access to sensitive information); (2) technology (like passwords and VPNS); (3) physical (locks to protect secret materials/hardware); and (4) education and training across the company to remind employees about their obligations relative to confidential information.” According to Adam Wolek of Fox Rothschild: “After the enactment of the U.S. Defend Trade Secrets Act (DTSA), which established federal-level protection for trade secrets across the United States, companies have increasingly turned to U.S. courts to enforce their trade secret rights. This trend has led to a large rise in the number and size of jury verdicts against entities found to have misappropriated trade secrets.” “The robust enforcement mechanisms available under the DTSA have made U.S. litigation an attractive option for companies seeking to protect their intellectual assets. As a result, many businesses now prefer to pursue trade secret claims in the United States rather than in jurisdictions within the European Union or Asia. This shift reflects a broader global trend toward stronger legal frameworks and more aggressive litigation strategies by companies to protect their trade secrets.” AI, Biotech and New Frontiers With AI, biotechnology, and data-driven innovation reshaping industries, courts and regulators are revisiting what qualifies as a trade secret. Renov (Pillsbury) added: “The rapid growth of AI and biotechnology is forcing courts and regulators to reconsider what information qualifies as a trade secret. Increasingly, the focus has shifted from tangible inventions to data, algorithms, and technical processes that drive innovation but may not fit within traditional IP categories.”
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