USA Trade Secrets Rankings 2024

WIPR Insights presents its inaugural USA Trade Secrets Rankings for 2024, a comprehensive guide showcasing the leading law firms and lawyers at the forefront of trade secrets law in the United States.

This new ranking arrives at a pivotal juncture, as businesses grapple with a rapidly changing legal and technological environment that poses new challenges to safeguarding their most valuable confidential information.

The FTC's Proposed Non-Compete Ban: A Landmark Shift
The Federal Trade Commission's (FTC) proposed ban on non-compete clauses for employees, finalised in April 2024, has sent ripples through the business world. This ambitious move aims to foster worker mobility and competition, but has faced strong opposition from business groups. The US Chamber of Commerce, leading a coalition of organisations, sued the FTC, arguing that the ban exceeds the agency's authority. While a Texas district court halted the ban in August 2024, the FTC's anticipated appeal keeps the issue at the forefront of trade secrets law. This legal battle underscores the heightened importance of trade secret protection for businesses seeking to maintain their competitive edge in an increasingly fluid labour market.

Emerging Challenges in Trade Secrets Protection
Several trends are reshaping the trade secret landscape, demanding greater vigilance from businesses and legal professionals:

• Employee Mobility: The rise of remote work and the gig economy has created a more fluid workforce, increasing the risk of trade secret misappropriation by departing employees.  Companies need to bolster their protective measures, including robust employment agreements, clear confidentiality policies, and comprehensive employee training.
• Artificial Intelligence: The rapid adoption of AI, particularly large language models, introduces novel challenges in safeguarding trade secrets. Data fed into AI systems can be vulnerable to unintended disclosure or use in ways that compromise confidentiality. Legal strategies must adapt to address data security concerns and contractual safeguards in the AI era.
• International Operations: As businesses expand globally, navigating the diverse and evolving trade secret laws of different jurisdictions becomes crucial. Legal expertise in international trade secret protection is essential to ensure compliance and avoid costly missteps.

WIPR’s USA Trade Secrets Rankings will provide valuable insights for businesses seeking legal guidance in this complex and dynamic field. The rankings will assess law firms and lawyers on their expertise in key areas of trade secrets law, including litigation, counselling, and policy advocacy. The rankings will also consider their experience in high-stakes litigation, innovative approaches to protecting confidential information, and commitment to staying ahead of emerging challenges.