United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick; Mondaq, August 7, 2017

James McGrew, Mondaq; United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick

"JM: What are some policies or best practices that employers can put in place to protect their trade secrets?

NM: An employer's primary goal should be to ensure that trade secrets remain "secret." For example, employees who have access to trade secrets should sign confidentiality agreements. Employers should also consider taking other reasonable steps to maintain the confidential nature of their trade secrets, such as limiting access to trade secrets to those employees who have a legitimate business reason to use that information, reminding departing employees of their confidentiality obligations, storing trade secrets only in password-protected locations and on password-protected devices, and implementing a strong password policy."

Are My Customer Lists a Trade Secret?; lexology.com, April 17, 2017

Alex Meier and Eric Barton, Seyfarth Shaw LLP, lexology.com; 

Are My Customer Lists a Trade Secret?

"A lawyer’s favorite phrase might be “it depends.” And when an employer asks whether its customer lists qualify as a trade secret, “it depends” is often the answer. But even if it’s difficult to definitively state whether customer lists qualify as a trade secret, the converse—whether customer lists might not constitute a trade secret—can be helpful to assessing how much protection a court will provide.

With the advent of the Uniform Trade Secrets Act (“UTSA”), no state categorically denies trade-secrets status to customer lists. That’s because the default definition of a “trade secret” under the UTSA includes compilations of information, and several states modified the default definition to explicitly include customer lists as potential trade secrets."

3 Steps to Protect Trade Secrets Under the DTSA; Inside Counsel, March 21, 2017

Autumn Gentry, Inside Counsel; 

3 Steps to Protect Trade Secrets Under the DTSA

"In order to be protected by the DTSA, businesses or individuals must demonstrate that they have taken steps to keep their trade secrets private.

Here are three essential steps companies must take to ensure trade secret protection under the DTSA."

Trade secret law: A brief guide for in-house counsel; Inside Counsel, 8/18/16

Ben Berkowitz, Briggs Matheson, Inside Counsel; Trade secret law: A brief guide for in-house counsel:

"What information does trade secret law protect?

Forty-seven states have adopted some form of the Uniform Trade Secrets Act (“UTSA”), with New York, Massachusetts, and North Carolina as the only exceptions. Under the UTSA, there is a two-prong test for determining whether information may be subject to trade secret protection. First, trade secret information must be information that “derive[s] independent economic value” from not being publicly known (See, e.g., Cal. Civ. Code § 3426.1(d)). That is, the information is valuable because it is a secret that others, including competitors, do not possess. Second, the information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Id.) “The determination of whether ‘reasonable efforts’ have been taken is quintessentially fact-specific,” and “‘depends on a balancing of costs and benefits that will vary from case to case.’” (Rockwell Graphic Systems, Inc. v. DEV Industries, Inc.) “Reasonable efforts” may include adopting confidentiality policies, entering into non-disclosure agreements, and establishing digital and physical security infrastructure. (Religious Tech. Ctr. Netcom On-Line Commc’n Servs.)"

Four Big Questions to Help You Understand the Federal Defend Trade Secrets Act; National Law Review, 6/16/16

William A. Nolan, National Law Review; Four Big Questions to Help You Understand the Federal Defend Trade Secrets Act:

"On May 11, President Obama signed into law the Defend Trade Secrets Act (DTSA), effective immediately. Previously, trade secret law has consisted almost entirely of 48 states’ versions of the Uniform Trade Secrets Act (UTSA), so a federal law is a significant development. Almost all businesses have at least some confidential information that would qualify as a trade secret, so it is important for businesses and their lawyers to understand what this new federal law means and does not mean. We do that here with four broad questions."