Trade Secrets 2026: USA – Delaware
April 28, 2026
Publication| Commercial Litigation
Trends & Developments – Delaware’s Growing Role as a Forum for Trade Secret Disputes
Delaware continues to serve as a leading forum for complex commercial disputes, and trade secret litigation is no exception. In recent years, trade secret filings in Delaware have increased across both state and federal courts, with annual filings doubling in both venues over the past decade. That growth outpaces broader national trends, suggesting that Delaware is playing an increasingly prominent role in trade secret disputes.
This trend reflects not only broader changes in how companies protect proprietary information, but also Delaware’s ability to accommodate those disputes quickly and efficiently. As trade secret claims have become more central to business litigation, particularly considering increased scrutiny of restrictive covenants and the availability of federal claims under the Defend Trade Secrets Act, Delaware’s established courts have become a natural forum for resolving them.
Delaware’s appeal as a forum for trade secret disputes stems from the flexibility of its court system in addressing different types of claims and remedies. The Court of Chancery offers a path to expedited equitable relief, making it attractive in cases involving threatened or ongoing misappropriation. The Complex Commercial Litigation Division of the Superior Court provides a specialised forum for damages claims. And federal courts in Delaware allow parties to bring trade secret claims under the Defend Trade Secrets Act alongside related state law claims, enabling overlapping issues to be resolved in a single proceeding rather than across multiple courts.
Equally important is the depth of judicial experience in handling complex business disputes. Delaware judges, particularly in the Court of Chancery, regularly address issues involving employee mobility, restrictive covenants, and proprietary information. That experience contributes to a high degree of predictability, enabling parties to assess litigation risk more confidently when deciding where to file.
In contrast to jurisdictions where expedited relief may be less predictable or commercial dockets less specialised, Delaware offers a combination of speed, expertise, and procedural flexibility that is especially well-suited to trade secret disputes.