Reprinted with permission from the May 21, 2020 issue of The Recorder. © 2020 ALM Media Properties, LLC. Further duplication without permission is prohibited.  All rights reserved.

Video conferencing has been available for years but given its new popularity in these COVID-19 times,[1] it behooves businesses to take care to protect their trade secrets during video conferencing.  Here, we address some potential risks to trade secrets from video conferencing –including hidden ones – and offer some potential measures to limit them.
Continue Reading Who’s Watching? Hidden Dangers To Trade Secrets From Video Conferencing

In a vacuum, the mere notion of giving a rival company access to your business’s confidential and proprietary materials would be unthinkable.  After all, this is the “secret sauce” that has helped expand your company, drive market share, and generate immense value.  If a competitor gained access to your trade secrets, the very foundations of your success could be in peril.
Continue Reading Protecting Trade Secrets During An Acquisition: Showing Off The Goods Without Giving Away The Store

For the first time, the Supreme Court has agreed to review the Computer Fraud and Abuse Act (CFAA). The Court’s initial review of the CFAA comes in the wake of a federal circuit split as to whether the statute can only be deployed against hackers and unauthorized users of electronic systems, or also against authorized users who use the information for unauthorized purposes. The Court’s decision may significantly affect not only how law enforcement uses the CFAA, but also whether civil litigants, such as employers, may use the CFAA to defend against unauthorized employee activities.
Continue Reading U.S. Supreme Court Case Preview—Van Buren v. United States: Does Use of a Computer for an “Improper Purpose” Violate the Computer Fraud and Abuse Act?

Although employers may not think that the COVID-19 pandemic is threatening their trade secrets, it is.  The massive layoffs resulting from the COVID-19 pandemic[1] place employer trade secrets at risk.  Here, we offer 6 steps employers can consider to protect their trade secrets in these extraordinary times.
Continue Reading 6 Steps to Protect Your Trade Secrets During Covid-19 Layoffs

Companies routinely use Non-Disclosure Agreements (NDAs) to protect confidential information shared with potential acquirers, consultants, and other third parties.  But companies cannot merely rely on stock NDAs to protect that information.  They should understand each NDA’s procedures for designating information as “Confidential” (and ensure compliance with them), and grasp the interplay between NDAs and state trade secret laws in terms of imputing duties of confidentiality.
Continue Reading 4 Steps to More Effectively Use NDAs to Protect Confidential Information