Rogue employees and protecting your company trade secrets and confidential information

In light of a recent case, David Prange (pictured above, left) and Christopher Pinahs, from USA-based law firm Robins Kaplan, provide an Expert View piece containing potentially crucial insights into improving trade secret protection.

In recent years, a greater awareness has emerged for protecting company intellectual property (IP) with complimentary trade secret and patent-protection plans. This awareness is driven in part by the Defend Trade Secrets Act of 2016, which created a federal civil cause of action for trade secret misappropriation, and the increased scrutiny being placed on patents by the America Invents Act and case law addressing patent eligibility.

While trade secret protection is not new, the increased scrutiny on patent protection should push companies to consider a more holistic approach to protecting its IP. Companies should consider developing protection policies for trade secrets and have an action plan in place if a dispute arises. Although patent rights may not be lost by unauthorized use or disclosure, trade secrets potentially are lost if quick action is not taken when an unauthorized disclosure occurs.