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ARTICLE · 10 JUNE 2013

Guidelines For Protecting Company Trade Secrets

"Trade secrets" are generally defined as confidential proprietary information that provides a business with a competitive advantage or actual or potential economic benefit.

United StatesIntellectual Property

"Trade secrets" are generally defined as confidential proprietary information that provides a business with a competitive advantage or actual or potential economic benefit. Trade secrets are protected under the Economic Espionage Act of 1994 (EEA) at the federal level, and 48 states have enacted statutes largely patterned upon the Uniform Trade Secrets Act1 (UTSA) (collectively, "Statutes"). Under these Statutes, company information that may be protectable as a trade secret must specifically have three characteristics:

i. the information must fall within the defined "information" eligible for protection;

ii. such information must derive independent economic value from not being generally known or readily ascertainable by appropriate means by others; and

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