The new Defend Trade Secrets Act for the first time lets you file your case in federal court. But just because you can do it doesn't necessarily mean you should. Federal court provides a lot of advantages for certain kinds of disputes. But there can be a downside. Read More.
The Billion-Dollar Trade Secret Verdict
Well, not quite. But $940 million is a lot of money, and that's how much a federal court jury awarded on April 15, 2016 to Epic Systems, a Wisconsin healthcare software company, against the U.S. subsidiary of Tata Consultancy, part of the Tata Group headquartered in India. There may be a lot of lessons to come out of this case - and we don't know if the jury's award will be reduced - but what I want to talk about today is inspired by that verdict: how is it that trade secret damages can be so large? Read More.
"Management of Nondisclosure Agreements"
Trade secrets can be shared safely only in a confidential relationship. Sometimes the confidence can be implied, such as with an employee or a long-standing, trusted supplier. But even in those classic circumstances, a written contract is always useful, to prove and reinforce the relationship, to clarify obligations, and to demonstrate that you as the trade secret holder have satisfied your legal obligation to exercise “reasonable efforts” to protect your assets...Read More.
Most information security management boils down to risk analysis, which naturally begins with knowing what’s at risk, and particularly what the threats are. Because assets are located throughout all your systems and accessed by most of your employees and quite a few vendors, customers and business partners, securing these assets touches every aspect of the business, and therefore requires a thoughtful plan, informed by inputs from managers throughout the enterprise...Read More.