Trade Secret Update: 2025 Legal Developments (Apr. 9, 2025)
Includes a Live Web Event on 04/09/2025 at 12:00 PM (EDT)
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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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Joel Bush
Partner
Kilpatrick Townsend & Stockton LLP
Joel Bush concentrates his practice in the area of complex commercial litigation, with particular emphasis in information technology and software disputes, misappropriation of trade secrets, business torts, restrictive covenants, and technology license disputes. Mr. Bush has litigated disputes arising out of computer hardware installations, software implementations, network design projects, and other technology implementations.
Mr. Bush regularly represents software and technology companies in claims based on fraud, breach of contract, and negligence arising out of implementation problems, network design issues, software performance, and system compatibility problems. He has also represented employers and employees in disputes arising out of restrictive covenant agreements, misuse of confidential information, and violations of the Computer Fraud and Abuse Act. Mr. Bush routinely litigates trade secret disputes and he has particular experience in trade secret claims arising out of software development. He has appeared in numerous federal and state courts and is also experienced in arbitration.
Specialties: technology litigation, trade secrets, software implementation litigation, restrictive covenants, commercial contract and technology license disputes