June 10, 2020 Feature

Trade Secrets 2.0: Stepping Up to 21st Century Trade Secret Protection

Nicole D. Galli

©2020. Published in Landslide, Vol. 12, No. 5, May/June 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Trade secrets are among a company’s most valuable assets but are often poorly understood, undervalued, and not well protected. The protection landscape is changing, as companies are increasingly turning to measures beyond nondisclosure agreements (NDAs) and litigation to protect these vital assets. There are few readily available resources, however, to guide companies in these efforts, and most lawyers do not have experience in assisting clients in developing comprehensive and interdisciplinary trade secret protection programs. In addition, trade secret protection, by its very nature, needs to be highly customized and depends on a myriad of factors. This article explores some aspects of what I call “trade secrets 2.0,” or enhanced trade secret protection, especially in contexts where a business needs to share trade secrets with other businesses.

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