Leiza Dolghih Publishes Article on Trade Secret Litigation for Dallas Bar Association's Headnotes
Dallas, Texas (January 11, 2022) - Dallas Partner Elisaveta "Leiza" Dolghih recently authored an article, titled “Federal Trade Secrets Litigation Update,” for the January 2022 issue of the Dallas Bar Association’s (DBA) Headnotes. The article discusses trends that have emerged in trade secret litigation over the last five years.
Ms. Dolghih opens the article by pointing out that the federal Defend Trade Secrets Act (DTSA), which created a federal cause of action for trade secrets misappropriation, has now been in effect for five years. She recalls that when DTSA first became law, "many wondered how it was going to affect trade secrets litigation, how certain novel aspects of the statute were going to be interpreted, and whether the federal courts would interpret the federal statute in the same manner as their state court counterparts interpret the Uniform Trade Secrets Act. . . ."
Next, Ms. Dolghih discusses five trends that she has observed since the passage of DTSA: (1) the key terms under the statute are still being defined, (2) uniformity has been elusive, (3) trade secrets identification in pleadings and discovery remains an issue, (4) DTSA’s extra-territorial reach has begun to take shape, and (5) ex parte seizures have flamed out.
Ms. Dolghih concludes the article by acknowledging that "case law interpreting the DTSA is still emerging and will continue to do so over the course of many years, and different jurisdictions will continue to interpret and apply the statute differently under the influence of the body of case law amalgamated over the years under their state version of the Uniform Trade Secrets Act."
Ms. Dolghih is a co-chair of Lewis Brisbois’ Trade Secrets & Non-Compete Disputes Practice. She focuses her practice on prosecuting and defending misappropriation of trade secrets as well as breaches of non-compete and non-solicitation agreements. Ms. Dolghih also handles complex commercial and employment litigation matters in state and federal courts across the country. She has extensive courtroom experience, including handling multiple jury trials, bench trials, and injunction evidentiary hearings, in person and via Zoom.
Read Ms. Dolghih’s full article, appearing on page 16 of the January 2022 issue of DBA’s Headnotes, here.