Trade Secret Plaintiffs Beware: Suspicion May Start the Clock
August 5, 2026 – New York Law JournalHerrick attorneys, Milton Springut, John H. Chun and Jermaine A. Brookshire, Jr., authored an article for the New York Law Journal discussing a recent decision by U.S. Court of Appeals for the Federal Circuit that highlights the risks companies face when delaying trade secret litigation under the Defend Trade Secrets Act ("DTSA").
The article notes that in the Insulet Corp. v. EOFlow, Co., 176 F.4th 1347 (Fed. Cir. May 28, 2026) decision, "the Federal Circuit underscored that the 3-year statute of limitations under the Defend Trade Secrets Act (DTSA) may trigger as soon as a plaintiff knows, or reasonably should know, enough facts to plead 'access and similarity.'"
Read the full article in the New York Law Journal here. Access may require a subscription.
A PDF of the article can be found here.
Reprinted with permission from the August 5, 2026, edition of the New York Law Journal © 2026 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or [email protected].