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.

In this episode of the Buchalter Trade Secret podcast, host Dylan Wiseman is joined by Cara Thornton, Litigation Shareholder in Buchalter’s Denver office, to discuss a fascinating court decision involving the legendary hip-hop group Wu-Tang Clan and the infamous one-of-a-kind album purchased by Martin Shkreli for $2 million. Together, they unpack the court’s reasoning and tackle the key question at the center of the case: can an unreleased work of art—like this exclusive recording—qualify as a trade secret? Tune in as Dylan and Cara explore how this unique blend of art, ownership, and intellectual property law is redefining the boundaries of creative and legal protection.

Buchalter Disclaimer: 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 listener 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 listener. For more information, visit www.buchalter.com.

In this episode, host Dylan Wiseman is joined by Buchalter attorneys Peter Bertrand and Sarah Andrzejczak for a timely discussion on the rapidly evolving landscape of restrictive covenant law. The trio unpacks the newly introduced bipartisan Workforce Mobility Act of 2025, its potential implications for employers and employees, and how it fits into the broader national conversation around non-compete agreements.

They also examine how Florida has diverged with its own legislative approach and provide an update on the FTC’s proposed non-compete ban, which is currently tied up in the Fifth Circuit Court of Appeals. If your business relies on restrictive covenants—or you're subject to one—this episode is essential listening.

Buchalter Disclaimer: 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 listener 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 listener. For more information, visit www.buchalter.com.