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Business Organizations Law

Brooklyn Law Review

2022

Trade Secret; Trade Secret Law; Formalities; Formality; Litigation; Reasonable Measures; Uniformity; Predictability; Congress; UTSA; DTSA; Russia; Copyright; Copyright Law; Federal; Secrecy; Misappropriation; Business; Protection; Confidential; Regime; Model

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Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner Feb 2022

Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner

Brooklyn Law Review

The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this …