AI and TRADE SECRETS

Almost one year has passed since news broke about Samsung employees sharing highly sensitive trade secrets with ChatGPT while testing software. As one of the world’s largest companies, Samsung has undertaken a wide–and expensive–series of measures to protect against intentional or unintentional disclosure of trade secrets. But trade secrets are usually taken without permission versus […]

Trade Secret Insurance Considerations

Trade-Secrets

Trade secret insurance protects businesses from financial losses resulting from the theft, misappropriation, or unauthorized disclosure of their trade secrets.  A broad definition of trade secrets requires information to be (a) protected as confidential and proprietary; and (b) have economic value because the public does not have access to the information.  That being said, do […]

Inevitable Disclosure and the Defend Trade Secrets Act

The inevitable disclosure doctrine in trade secrets cases is a simple concept. At its core, it presumes a former employee will inevitably disclose and use trade secrets of the former employer in the employee’s role with the new employer. As a result, it further presumes, it is inevitable that the former employee will disclose and use the […]

Drafting Cease and Desist Letters

Effective cease and desist letters do not require fancy lawyerly language. Like many other letters, they need to be direct and terse without sugarcoating the fact your company will take certain actions to protect its trade secrets and other confidential information. Your goal is to convince the new employer’s legal counsel, not the former employee, […]

NDA No-Nos

It is common knowledge that a Non-Disclosure Agreement (NDA) does not provide absolute protection of a company’s intellectual property or other proprietary information.  Unfortunately, many business owners are not advised with sufficient detail as to (1) why an NDA is insufficient and (2) how to keep an NDA enforceable. Receiving poor or no advice concerning […]