Deciphering The Scope Of Competing Trade Secret Standards

Law360, New York (April 4, 2017, 1:46 PM EDT) -- Peter M. Brody

Colleen Conry

Anthony Biagioli

Jonathan Foster If a trade secret falls in a forest, and a competitor is around, is it still a trade secret? For those who allege their trade secrets were stolen, as well as for those who allegedly stole them, what constitutes a “trade secret” is a foundational question. It can also be a challenging one, yielding different answers depending on the statute that defines the term. Since 1996, the Economic Espionage Act, a U.S. federal statute, has criminalized certain thefts of trade secrets, resulting in numerous and high-profile federal prosecutions. However, prior to May...

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