![]() ![]() The federal Defend Trade Secrets Act (DTSA) has a similar definition. Under the Uniform Trade Secrets Act (UTSA), adopted by California, and many other states, a trade secret is defined as “information, including a formula, pattern, compilation, program, device, method, technique, or process” that: (a) derives independent economic value from not being generally known by others and is not reasonably and independently ascertainable on one’s own and (b) is the subject of “reasonable efforts” to maintain its secrecy. Trade secrets must be guarded carefully because of their vulnerability to theft, particularly when employees leave one company to go work for another. An organization’s trade secrets and proprietary information are among its most valuable assets and often comprise a business’s most crucial competitive advantage. ![]() Today’s employers must actively protect their trade secrets and consider additional protective measures in this changing environment. While trade secrets have always been vulnerable to targeted data attacks, the problem of trade secret loss is compounded by the adoption of mobile devices for primary business use, the proliferation of social media, the popularization of cloud computing, and the blurring lines between public and private use on work-issued technology. The rise in employee mobility that has occurred in recent years has ushered in a corresponding increase in trade secret theft. Practice Areas Business Litigation Employee Mobility & Trade Secrets
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