Hidden Value: Protecting Trade Secrets and Confidential Business Information

The value of many businesses may be hidden from everyone except a select few: the most famous example is the formula for Coke, which has maintained its trade secret status since 1886. The legal landscape regarding protection and enforcement used to belong exclusively to the states until five years ago, when the Defend Trade Secrets Act was enacted. Since then, litigants have had the opportunity to bring more of these cases in federal court, which has helped shape the law as it relates to what qualifies as a trade secret. Importantly, even if a business asset cannot qualify as a trade secret, all is not lost – implementing the proper confidentiality procedures and policies and contracts will serve to protect both trade secrets and important proprietary information. 

This program will review and analyze cases brought under the DTSA as well as under various state laws, as claims often include both bases, and also discuss what to do if trade secret protections do not apply to your business. 

This course will benefit IP and business attorneys looking for guidance on recent trade secret case law and confidentiality best practices for protecting a business.

Learning Objectives:  

1. Define trade secrets under the DTSA, state laws, and case law

2. Develop a set of guidelines to protect trade secrets and confidential information

3. Review and analyze the last 5 years of case law under the DTSA (and various state laws)

4. Discuss the cross-border implications of the DTSA