Defining the Metes and Bounds for Adequate Security for Trade Secrets

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Trade secrets comprise a vast store of the knowledge that many businesses and commercial entities rely upon for the profitability of their organizations. The economic value of a trade secret rests solely in the fact that the technology embodied in the trade secret is simply that; a secret held by its owner. A trade secret and the competitive advantage that if confers, may last indefinitely or, if the associated secret is lost, the economic advantage of the secret may also be lost. In order for trade secrets to enjoy judicial protection, they must be subject to adequate security measures by their owners. This paper explores the upper and lower limits of what courts consider to be adequate security as relates to the protection of trade secrets.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Larry Singer | Attorney Advertising

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