Mark, a partner in the Labor & Employment Practice Group and the firm’s Competitive Advantage practice team, emphasizes that companies should have a program to deter and limit trade secret misappropriation. “A seeming axiom of trade secret and unfair competition litigation is that the more brazen and dishonest the behavior of the former employee (and perhaps their new employer), the more accommodating a court may be to a company whose proof is less than perfect. By contrast, the thinner a company plaintiff ’s proof is, the more a court may accept a former employee’s argument that there is nothing secret, nor valuable in the assets even if their theft can be proven” he says.

Mark’s article discusses the Uniform Trade Secrets Act and its variations, as well as questions companies should consider when developing their own trade secret program.

“Inside and outside counsel should be involved so their client can be in the best position to seek and obtain judicial intervention to stop trade secret misappropriation and use” Mark advises.