Steven D Gordon is a Partner in Holland &
Knight's
Washington D.C. office
The owner of a trade secret must take reasonable measures to
keep the information secret in order to claim protection under the
federal Defend Trade Secrets Act (DTSA) or state trade secrets
acts. Yet, in order to conduct business, the owner of a trade
secret sometimes must share the information with employees or other
parties with whom it does, or would like to do, business (a
franchisee, a joint venture partner, a potential buyer, etc.). A
common method for preserving trade secrets in such a situation is
for the trade secret owner and the other party to enter into a
Non-Disclosure Agreement (NDA) of some type.
