May 14, 2019 Articles

The Secret to Trade Secrets Is Keeping Your Secrets Secret

Recent decisions from 2019 have underscored that parties seeking trade secret protection must take “reasonable measures” to maintain the confidentiality of the information in question.

By John A. Stone

In enacting the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1833, Congress “intended the DTSA to apply in substantially the same way as the states’ trade secrets laws, but with a much broader geographic and jurisdictional reach.” Brand Energy & Infrastructure Servs. v. Irex Contracting Grp., 2017 WL 1105648, at *7 (E.D. Pa. 2017); See also Source Prod. & Equip. Co., Inc. v. Schehr, 2017 WL 3721543, at *2 (E.D. La. 2017) (“[B]oth the House and Senate committee reports suggest that the DTSA largely conforms with state trade secrets law. . . . Thus, existing state law on trade secrets informs the Court’s application of the DTSA.”; citation omitted); Heather Brown, “Cloud Computing Technology: Providing a Safer Way for Businesses to Protect Trade Secrets under The Defend Trade Secrets Act,” 21 U.S.F. Intell. Prop. & Tech. L.J. 79, 86 (Congress wanted the DTSA to “align closely with the [Uniform Trade Secrets Act]”).

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