Law360 published an article written by Intellectual Property Division Chair Michael Renaud, Members Brad Scheller and Michael McNamara, and Associate Stephen Chen about how postponing the identification and documentation of trade secrets until litigation is underway can lead to costly losses even before summary judgment. In the article, the attorneys analyze two recent appellate decisions that highlight the need for specificity, secrecy, and evidentiary proof at a level of detail that typically requires preparation of documentation and alignment of strategy well in advance.

“Companies that treat trade secret documentation as a core component of their intellectual property strategy, rather than as an afterthought to litigation, will be far better positioned to protect their competitive edge and to pass the trade secret test when it arises,” the authors write.

Source

Law360