Why the International Trade Commission Might Be the Best Forum to Enforce Your Trade Secrets

Why the International Trade Commission Might Be the Best Forum to Enforce Your Trade Secrets

Publication

Partners Rhonda Schmidtlein and Derek Gosma and Associate Salus Kim authored “Why the International Trade Commission Might Be the Best Forum to Enforce Your Trade Secrets,” published in the November–December 2026 issue of The Global Trade Law Journal. The article examines Section 337 investigations at the International Trade Commission as an underutilized yet strategic enforcement tool for cross-border disputes in the context of trade secret misappropriation. 

Excerpt: Trade secrets sit at the intersection of innovation and competition, protecting the proprietary know‑how that allows companies to differentiate themselves in crowded markets. When those secrets are misappropriated, the resulting harm can be immediate and irreversible—making effective and timely enforcement of trade secret rights an essential component of any sophisticated litigation strategy. While federal and state trade secret laws are robust enforcement tools, they are limited in some critical respects—particularly when misappropriation occurs overseas or when a fast injunction is needed.

Read the full article.

Authors

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