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Tyler Baker

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Tyler Baker is a senior associate in the Intellectual Property Practice Group in the firm's New York office and Century City office in Los Angeles.

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The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led to the largest damages verdict in Virginia’s history. The case, Pegasystems Inc. v. Appian Corp., No. 1399-22-4, involved two companies in the business process management (BPM) industry, each of whom offer platforms that enable third party business customers to build complex software applications using “low-code application development platforms.” Continue Reading Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be Proved Under Virginia Trade Secrets Law

Non-U.S. companies should not assume they are immune from civil claims under the federal Defend Trade Secrets Act of 2016 (“DTSA”) simply because they are not U.S. companies.  Since the enactment of the DTSA four years ago, the statute’s extraterritorial application has not been a heavily-litigated issue; however, a recent series of federal decisions indicate that civil litigants may apply the DTSA to foreign defendants so long as some act in furtherance of the misappropriation occurred in the United States, even if the foreign defendants’ acts took place outside the United States.
Continue Reading Non-U.S. Companies and the DTSA: Parameters of a Developing Reality