Top 10 Trade Secret Developments of 2013: Part 2

The year 2013 brought significant developments in trade secret law, both in the U.S. and abroad. In December 2013, Law360 published part 1 of the two-part series "Top 10 Trade Secret Developments of 2013" in which Randy Kahnke, Kerry Bundy and Ryan Long of Faegre Baker Daniels highlighted the first five trends.

Part two of the series outlined five more trends followed by key takeaways and recommended actions for in-house counsel. Trends covered in part two included: continuing litigation over social media accounts; a lack of uniformity in the tests for "bad faith" under the Uniform Trade Secrets Act; the unwillingness of some courts to recognize inevitable disclosure as a standalone cause of action; the risk of drafting overly broad confidentiality agreements; and the risk or promise of large damages awards in trade secret cases.