Best Practices: How to Protect Trade Secrets From Loss Through Departing Employees; JD Supra, June 5, 2020

Fish & Richardson, JD Supra; Best Practices: How to Protect Trade Secrets From Loss Through Departing Employees

"1. Introduction

We start with the assumption that your company has already laid the foundation for IP protection, including the creation of a rock-solid trade secrets program (for more on this topic, see the Fish Trade Secrets: Protection & Defense webinar)...

What follows can help you to build an employee departure checklist to make sure valuable trade secrets aren’t lost.

2. Best Practices For Dealing With Departing Employees"

COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?; National Law Review, March 25, 2020

Sheppard Mullin Richter & Hampton LLP., National Law Review; COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?

"In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees.  It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation.  It is also important to reduce the risk that the trade secret status of information will be lost based on a failure to take reasonable steps to protect its secrecy.  This article addresses some steps your business can consider taking to protect trade secrets accessible by employees who are now working at home.  Even if your business had a WFH policy before the COVID-19 outbreak, it should be re-visited in light of the current circumstances flowing from a pandemic during which all or most of your workforce may be operating on a WFH basis.  For example, what was once a “no trade secrets may be taken home” policy may be impossible in the current climate.

The following are a few potential steps for consideration to protect trade secrets in the hands of employees working at home:"

One Year On: Developments in the Protection of Trade Secrets; U.S. Patent and Trademark Office (USPTO), Director's Forum Blog, June 29, 2017

Director's Forum Blog

One Year On: Developments in the Protection of Trade Secrets Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter U.S. businesses own an estimated $5 trillion worth of trade secrets. Their theft, involving losses in the tens or possibly hundreds of billions of dollars a year, poses a serious threat to our nation’s economy. Because the protection of trade secrets — which by their nature are not patented or publicly disclosed — is critical to the commercial viability of many U.S. businesses, Congress passed the Defend Trade Secrets Act of 2016. The law provides trade secret owners with a federal civil cause of action, rather than limiting them to state laws or criminal enforcement. Last month, one year after enactment of the law, the USPTO convened a public symposium on “Developments in Trade Secret Protection.” The event brought together nearly 200 participants, at the USPTO’s headquarters in Alexandria Virginia, and via live webcast to individuals and the USPTO’s four regional offices. Shira Perlmutter at Trade Secrets Symposium The symposium consisted of four panels focused on various aspects of trade secret protection. The first panel, of business economists, discussed recent trends, including how to estimate the value of trade secrets and calculate damage awards in litigation, and how calculating damages in trade secret cases differs from cases involving other forms of intellectual property. The second panel, a group of attorneys, addressed the use of the Defend Trade Secrets Act in practice, including the provisions for ex parte seizure of stolen trade secrets. The third panel, with participants from academia, private practice, and the World Intellectual Property Organization, examined the differing ways in which other countries have implemented trade secret protection and identified the elements that make up an effective regime. The final panel brought together participants from private practice, the U.S. government, and U.S. Chamber of Commerce to role-play as a corporate legal team called on to consider enforcement options for dealing with a case of trade secret misappropriation occurring overseas. The practical information exchanged at the symposium should help governments and trade secrets owners improve protection for this valuable form of intellectual property in the United States and abroad. In helping to take forward the federal government’s 2017–2019 Joint Strategic Plan on Intellectual Property Enforcement, the USPTO will continue its work to promote the adoption of effective systems of trade secret protection and enforcement around the world.Videos of all four sessions of the trade secret symposium are posted  to the Trade Secret Policypage of the USPTO website, as well as additional useful information about the protection of trade secrets. Read more from the Director's Forum Blog

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