Court Agrees with “Reasonable Belief” in Trade Secret Misappropriation Cases

Posted on February 13, 2024February 13, 2024 by Arthur

The Eighth Circuit’s decision in Ahern Rentals, Inc. v. EquipmentShare.com has set an important precedent in trade secret misappropriation cases, reaffirming the legitimacy of allegations in the pleading based on information and belief. This ruling is likely to have a lasting impact on how trade secret cases are litigated and underscores the significance of ensuring experienced legal representation to safeguard a businesses valuable intellectual property assets.

Protecting Confidential Information Does Not Safeguard Trade Secrets

Posted on November 16, 2023November 16, 2023 by Arthur

Business, innovation and proprietary information are often the cornerstones of a companies’ success. Companies invest significant time, resources, and expertise to develop and maintain their unique processes, formulas, and strategies that provide an edge over their competitors. However, just because the information is a valuable business assets does not automatically make it a trade secret and provide the foundation for a lawsuit over its unauthorized use. In the world of trade secret protection, information is either a “trade secret” (and protectable) or it is not a trade secret (and not protectable).
Despite attempts over the years to conflate the issue, there is no middle gound. Protecting Confidential Information does not make it a trade secret. To be protected as a trade secret companies must protect their valuable information as a secret.

Intersection between Copyright and Trade Secret Protection

Posted on July 22, 2020July 22, 2020 by Arthur

When protecting computer code, your failure to properly protect the trade secret can result in a loss of IP rights. If you wish to protect a trade secret, the copyright office allows you to keep portions of the computer code a secre.