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Buchalter Trade Secrets & Employee MobilityA companys most valuable assets often include its intellectual property, and those employees entrusted with its intellectual property. Author: Dylan Wiseman
A companys most valuable assets often include its intellectual property, and those employees entrusted with its intellectual property. Join Dylan Wiseman, Chair of Buchalter's Trade Secret's & Employee Mobility practice each month as he hosts guests in the industry to provide their insights on trade issues. Language: en Genres: Business, News, Tech News Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Trade Secret & Employee Mobility Podcast: The $57 Million Reversal—Comet Technologies, the DTSA, and the Future of Trade Secret Litigation
Episode 25
Tuesday, 28 July, 2026
In this episode, Buchalter Partner Dylan Wiseman sits down with fellow Buchalter attorney Brian Weikel to discuss the Ninth Circuit’s groundbreaking decision in Comet Technologies USA, Inc. v. XP Power, LLC, a ruling that overturned a $40 million trade secrets verdict and a $17 million attorneys’ fee award. The decision has sent shockwaves through the trade secrets bar, with the Ninth Circuit concluding that the trial court misapplied the burden of proof under the federal Defend Trade Secrets Act (DTSA). In an era increasingly shaped by artificial intelligence and rapid technological innovation, Comet Technologies serves as a wake-up call for attorneys litigating federal trade secret claims, particularly with respect to the DTSA’s “readily ascertainable through proper means” standard. Dylan and Brian examine the court’s reasoning, the practical implications for trade secret owners and litigators, and whether Congress should revisit the DTSA and eliminate a standard that California deliberately rejected from its trade secret statute more than four decades ago. Given the stunning outcome in Comet Technologies, this conversation explores what may be one of the most significant trade secret decisions in recent years and what it could mean for the future of DTSA litigation nationwide. Join us for an insightful discussion on the evolving landscape of trade secret law and the lessons every practitioner should take from this landmark decision.This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that reader. For more information, visit www.buchalter.com.
