Trade Secrets Data Protection

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
News & Analysis as of

Trade Secrets? Tips For Keeping Data Safe

The leak of National Security Agency (NSA) data by computer contractor Edward Snowden ignited a global discussion about secrets of all kinds. For business owners, the increased odds of high tech theft are good reason to...more

Your Trade Secrets May Be Vulnerable to “Legal” Theft

As in-house counsel, how would you like to tell your CEO: “While our customer lists, pricing information, and business processes are trade secrets, we can’t sue the independent contractor who stole them because we did not do...more

Winter 2014 Federal Copyright and Trade Secret Legislation Update

Several bills under consideration in the 113th Congress would establish or significantly amend certain federal statutes related to the protection, enforcement, and exploitation of trade secrets or copyrights. Some legislation...more

David Nosal, Employee Data Theft, and Why Employment Lawyers Should Understand Their Clients' IT Infrastructure

Earlier this month, a federal judge in San Francisco sentenced David Nosal to a year in prison, three years’ supervised release, 400 hours of community service, and $60,000 in fines. His crime? Nosal violated the Computer...more

BREAKING: David Nosal Sentenced To Prison On CFAA Computer Intrusion And Trade Secret Charges

Former Korn/Ferry recruiter David Nosal was sentenced to one year and one day in prison on Wednesday for violating the federal Computer Fraud and Abuse Act and the Economic Espionage Act. In April, a federal jury in...more

Implementing a Trade Secrets Protection Program

In the business world, protection of trade secrets can make the difference between success and failure, or profit and loss. This post seeks to show you how to protect your company’s trade secrets so that in the event one of...more

BYOD Can Be A Four-Letter Word

So your employee wants to use his new iPhone5S to respond to work emails while on vacation. As an employer, you’re thrilled. You don’t have to pay for the technology (or the data plan), but your employee is now accessible...more

It’s Critical to Protect Your Proprietary Information

Lawsuits against employees and contractors, including consultants, for unauthorized use of a company’s confidential and proprietary information are common. For instance, on July 29, Abunassar Impact Basketball LLC filed suit...more

How to Protect Confidential Business Information in Tennessee

A dilemma employers often face when key employees leave and join a competitor is how to stop the employee from taking and misusing the employer’s confidential business information. In Tennessee, such questions are answered,...more

The Spies Who Loved Me (And My Trade Secrets): A Brief History Of Industrial Espionage

With Chinese cyber attacks, data security, and industrial espionage occupying more and more space in the headlines, companies are re-evaluating their strategies for guarding sensitive information. There is certain to be more...more

Proactive Steps To Protect Trade Secrets

The Virginia Trade Secrets Act protects the critical business secrets of a person or individual provided three pre-conditions are met: 1) the information to be protected must fit the definition of a trade secret;...more

A Legal Guide To The Use Of Social Media In The Workplace

In This Issue: - Introduction - Social Media And The Employment Relationship - Wage And Hour Considerations - Discrimination Laws - Protected Activity Laws - Applicant Screening...more

Protecting Trade Secrets In Germany

As Europe’s largest economy, one might expect Germany to provide robust protection of intellectual property assets such as trade secrets....more

Smoking Gun Or Blowing Smoke? Five Tips To Make Sure That Computer Forensic Evidence Of Trade Secret Theft Is What You Think It Is

Today’s hackers and ex-employees steal secrets with USB drives, personal email accounts, and computer networks, making computer forensics critical in detecting trade secret theft....more

The Conflicting Rulings on Employee Data Theft

Employers should include access restrictions in agreements, limit access with technology and consider the jurisdiction. In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime...more

Texas Makes It Easier To Protect Trade Secrets

Many years ago, in the days of cheap oil and cheaper natural gas, The Superior Oil Company often hired geologists and engineers away from Mobil Oil. ...more

Preparation Counts: Two Courts Reaffirm the Benefit of Identifying and Taking Steps to Protect Trade Secrets

Two recent decisions emphasize yet again the value of defining and taking steps to protect a company’s trade secrets. On May 16, 2013, Judge England issued a preliminary injunction in Farmers Insurance Exchange v....more

Protecting Trade Secrets In China

Trade secrets were first introduced into China law through the Article 10 of the “Anti-Unfair Competition Law of China” (effective Dec. 1, 1993)....more

Mitigating Theft of Trade Secrets

In today’s complex global economy, competition is fierce. For many businesses, trade secrets are their single most important and valuable asset, and strong protection of that asset is paramount. In the same regard, trade...more

The Computer Fraud And Abuse Act, And Protecting Employer’s Electronic Data

The Southern District of New York recently joined a number of other jurisdictions in foreclosing one avenue of recovery for employers seeking to recover against employees who steal company information for competitors. In...more

U.S. Responding To Cyber-Espionage: White House Acknowledges Increasing Threat

No longer cut from the cloth of 007’s expensive suits, fast cars or well-mixed drinks, present-day espionage is carried out, to a great extent, through computer screens, proxy servers and spoofed e-mail addresses. Dubbed...more

Preparing an Online Social Media Policy: The Top Ten Legal Considerations for Your Nonprofit

Legal issues - Same as before but new platforms – Entity use of social media – Pathways to Legal Liability or Risk: Defamation, Intellectual Property, Trade Secret, Advertising, Privacy, and...more

How to Protect Your Company From Hackers [Video]

March 8 (Bloomberg Law) -- With reports of corporate espionage and hacking on the rise, the US government and private companies need to take steps to prevent the loss of trade secrets and threats to national security says...more

McAfee & Taft tIPsheet - March 2013: Keys to ensuring the secrecy of trade secrets

“Three can keep a secret if two are dead.” — Benjamin Franklin. In the shrinking world of social media, privacy seems to be an all but forgotten concept. But in the world of business, trade secrets are critical to...more

Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues

The Obama Administration’s recent “Strategy on Mitigating the Theft of U.S. Trade Secrets” makes clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the...more

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