Maintaining Secrecy

It is axiomatic that the law helps those who help themselves. Thus, companies can obtain protection for their trade secrets only if they have engaged in reasonable efforts to keep the information confidential. What constitutes reasonable efforts varies from case to case. In general, however, many courts consider the following factors (none of which is determinative) in resolving whether information qualifies for trade secret protection:

  • The extent to which the information is known outside the business. Information that is known to the public or competitors generally does not qualify for trade secret protection. Information that is commonly known within an industry cannot be appropriated by one company for its own exclusive ...

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