Practical Knowledge: Trade Secrets

Practical Knowledge: How Are Trade Secrets Defined and Protected?

• What kind of information can qualify as a trade secret?
• What are “reasonable measures” to protect trade secrets?
• Are non-disclosure agreements necessary to protect trade secrets?
• What are common scenarios in which theft of trade secrets occurs?
• What should a business do if it thinks its trade secret has been stolen?
• How do trade secrets compare to other types of intellectual property rights?
• How can patents interfere with or strengthen trade secrets?

Practical Knowledge: What Relief Is Available for Theft of Trade Secrets?

• How do courts calculate the damages caused by theft of trade secrets?
• Can a court order someone to stop using a trade secret they misappropriated?
• Can a court seize property from someone that stole trade secrets?
• What is the “inevitable disclosure” doctrine under trade secret law?
• Does it matter where you file your trade secrets claim?
• Can a trade secrets claim bar a plaintiff from pursuing other claims?
• What is the difference between federal claims under the Defend Trade Secrets Act and state claims under the Uniform Trade Secrets Act?

Practical Knowledge: Related Legal Issues

• What kinds of non-competition agreements can a business enter with employees?
• What relief is available for breach of a non-competition agreement?
• What relief is available for breach of a non-disclosure or confidentiality agreement?
• What is unfair competition?
• What is “tortious” interference with a contract?
• What is “tortious” interference with a prospective economic relationship?