Do three important decisions signal a trend? Well, they just might, particularly when they are considered with recent appellate decisions setting aside other runaway trade secret verdicts. Last month, the Virginia Supreme Court affirmed the Virginia Court of Appeals’ reversal of Appian Software’s $2 billion verdict against its competitor Pegasystems, agreeing that the trial court failed to properly instruct the jury on the burden of proof for Appian’s unjust enrichment damages. This followed the December 8, 2025 decision by the U.S. Court of Appeals for the Federal Circuit affirming U.S. District Court Judge Sandra Lioi’s vacatur of a $63 million jury verdict against The Goodyear Tire & Rubber Company because the plaintiffs failed to sufficiently identify several of their trade secrets. And most recently, on January 21, 2026, the U.S. Court of Appeals for the Fifth Circuit affirmed U.S. District Court Judge Andrew Hanen’s decision to vacate a $75 million jury verdict because the plaintiff Trinseo Europe elected not to apportion the damages for each of its trade secrets.

As I discuss below, those decisions are consistent with a growing number of other appellate and trial decisions critically examining the grounds giving rise to these mega-verdicts. So what is going on here? Read on to find out.