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Rethinking "Reasonable Efforts" To Protect Trade Secrets In A Digital World, Elizabeth Rowe
Rethinking "Reasonable Efforts" To Protect Trade Secrets In A Digital World, Elizabeth Rowe
Elizabeth A Rowe
The very technological tools in use today that increase the efficiency with which companies do business create challenges for trade secret protection. They make trade secrets easier to store, easier to access, easier to disseminate, and more portable, thus increasing the risks that trade secrets will be destroyed. While secrecy is the sine qua non of trade secret protection, it can be difficult to accomplish. There is a tension between the need to keep information secret and modern technological methods that allow the information to be easily accessed, reproduced, and disseminated. In trade secret misappropriation cases, courts evaluate the sufficiency …