Litigating Trade Secret Claims

Although high-profile, these are not isolated incidents. Former employees escape with valuable information every day, resulting in substantial, sometimes devastating losses to employers. Some employees claim the trade secrets belong to them; others attempt to explain away their conduct. Devices such as the new untraceable Blackphone, developed by Spanish startup Geeksphone, adds another layer of complication as it encrypts e-mails and text messaging, and has anti-tracking services that will make it much more difficult to discover employee misconduct and gain access to data during litigation.

When facing such inside threats, many employers are aware of the standard precautionary measures to take, such as utilizing invention assignment agreements and confidentiality agreements, requiring passwords and limiting access to key databases. Fewer are prepared, however, with a plan and an immediate response team to address an actual breach. Following three key steps can help to make the difference. This article provides a glimpse into what happens on game day when valuable information is compromised and decisions need to be made fast.