Beyond the Headline Trends: Emerging Shifts In Trade Secret Litigation

Lex Machina released earlier this year its 2026 Trade Secret Litigation Report, a retrospective trends report chronicling the rise in federal trade secret litigation, highlighting a subspecialty of civil litigation that is more active, more federalized, and less prone to early resolution than other case types. But beneath those headline findings, additional data points reveal a quieter transformation in how these cases are litigated, valued, and decided.

5 minute read May 31, 2026 at 11:09 PM
By
Di Rivera and Adam Masarek
Beyond the Headline Trends: Emerging Shifts In Trade Secret Litigation

Claims for misappropriation of trade secrets reached new highs in federal district courts in 2025, underscoring a sustained increase in enforcement activity.

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