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ARTICLE · 17 OCTOBER 2018

No Protection Under The DTSA For Bid Documents Containing Trade Secrets

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A government contractor learned the hard way that bid documents containing trade secrets are not protected from disclosure in Massachusetts.

United StatesIntellectual Property
Erik Weibust
Erik Weibust
Erica Hendricks
Erica Hendricks
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A government contractor learned the hard way that bid documents containing trade secrets are not protected from disclosure in Massachusetts. On September 21, 2018, a Massachusetts U.S. District Court judge ruled that the Defend Trade Secrets Act (DTSA) doesn't bar requests under the public records law for bid proposals containing a contractor's trade secrets.

In October 2016, Fast Enterprises, LLC, filed an action in U.S. District Court seeking an injunction to prevent Defendant Stephanie Pollack, in her capacity as Secretary and CEO of the Massachusetts Department of Transportation (MassDOT), from disclosing its trade secrets. The company submitted bid proposal documents containing trade secrets in response to a Request for Proposals issued by the MassDOT Registry of Motor Vehicles (RMV). The bid proposal was for the replacement of the RMV's core computer system. Fast Enterprises alleged that its bid proposal contained confidential and proprietary information

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