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.

In this episode, host Dylan Wiseman, Co-Chair of Buchalter’s Trade Secret and Employee Mobility Practice, is joined by Heather Wright, a Shareholder in Buchalter’s Nashville office and an expert in insurance coverage for privately held companies. Together, they dive into the intersection of trade secret disputes and insurance, examining key coverage options, common policy pitfalls, and strategies to maximize protection in litigation. Tune in for valuable insights on safeguarding your company’s most important assets.

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.

Ever sent a message that vanishes without a trace? In this episode, we delve into the world of ephemeral messaging with Andy Crain, Managing Director at Berkeley Research Group. Host and Buchalter Shareholder Dylan Wiseman unpacks how these vanishing conversations can complicate forensic investigations. Discover the motivations behind ephemeral messaging, its practical applications, and strategies for navigating this digital disappearing act when preserving evidence.

Berkeley Research Group Disclaimer : The views and opinions expressed in this podcast are those of the individual and do not necessarily reflect the opinions, position, or policy of Berkeley Research Group, LLC or its other employees and affiliates.

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.

Tune in to our latest podcast episode as our host and Shareholder Dylan Wiseman and attorney Sarah Andrzejczak delve into the recent FTC ruling, effective April 23, 2024, which bans non-compete agreements for American companies. Gain practical insights on addressing the regulatory challenges and governing your business effectively. Join us as we empower businesses to navigate the new FTC ruling with confidence.

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.

Join our host Dylan Wiseman and Buchalter Shareholders Leah Lively and Jeffrey Judd as they break down the implications of Assembly Bill 1076, recently signed by Governor Newsom. This groundbreaking legislation mandates that employers notify both current and former employees, hired after January 1, 2022, about the nullification of non-compete clauses in their employment agreements, unless such clauses are the result of a business sale. The deadline for providing these notices is February 14, 2024, and non-compliance constitutes a violation of Business & Professions Code section 17200.Stay informed and stay ahead of the curve on this significant development in California employment law.

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.

Join us as Dylan Wiseman, Co-Chair of Buchalter's Trade Secret and Employee Mobility Practice, engages in a dynamic conversation about the recently enacted statute that extends California's restrictions on non-compete agreements. In this episode, Dylan is joined by Buchalter Shareholders Leah Lively and Jeffrey Judd. Together, they delve deep into the legal intricacies of this legislation and explore its wide-ranging implications for both employers and employees. Don't miss this opportunity to gain valuable insights into the evolving landscape of non-compete agreements in California.