In the Press
September 6, 2024

Navigating the NDCA'S New Whistleblower Protections in the Context of Trade Secret Misappropriation Claims (Daily Journal)

The United States Attorney's Office for the Northern District of California has announced a Whistleblower Pilot Program. GCs should consider shoring up internal policies and reporting mechanisms and investing in internal systems to detect and prevent possible trade secret misappropriation in parallel with this movement. Andrew S. Ong, a partner in Goodwin’s Intellectual Property practice and a leader of the firm’s Trade Secrets; Ariel E. Rogers, an associate in Goodwin’s Complex Litigation & Dispute Resolution practice; Ishika Desai, an associate in the firm’s Litigation department; and Nirav Bhardwaj, an associate in Goodwin’s Litigation business unit, explored the implications of the United States Attorney's Office (USAO) for the Northern District of California's (NDCA) new pilot program, which protects whistleblowers who report criminal conduct, including intellectual property theft. They also explore how GCs can navigate and address the implications of this growing trend. In California, the already leading venue for trade secret litigation, this NDCA Whistleblower Pilot Program is almost guaranteed to lead to an increase in employee reporting of possible trade secret misappropriation within their companies and an uptick in trade secret litigation, as employees are now guarded by the promise of immunity.  To find out more about the trade secret misappropriation claims, read the article in the Daily Journal California Lawyer.