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09/11/19
Hot buttons. 8. Trade secrets
Filed under: Recent Posts, First Year on Job, Mature professionals, Legal matters, Observ. Trends
Posted by: site admin @ 11:15 am

NYT takes up Google-Alphabet-Uber law suit against Anthony
Levandowski regarding trade secrets of files when he left in 2016.

.
The article reports:
The statute defines the class of proprietary property “trade secret” as
“any form and type of financial, business, scientific, technical,
economic or engineering information, including patterns, plans,
compilations, programs or codes, whether tangible or intangible, and
whether or how stored, compiled or memorialized physically,
electronically, graphically, photographically or in writing….
But for information to qualify as such its owner must take
“reasonable measures to keep such information secret and derive
independent economic value from its not being generally known.
.
The prosecutor must also show that transfer was done by improper
means, meaning theft, bribery, misrepresentation, breach or
inducement of a breach of duty to maintain secrecy, or espionage
through electronic or other means.  The statute does not define
reverse engineering or other lawful means as such.
.
Toxic chemical ingredient cannot be a trade secret (Metzger)
Withheld toxicological ingredient information opens possible
  medical treatment pursuit for employee exposure cases (LSU)
Trade secrets and OSHA (Polsinelli)
.
Finnegan describes in more detail than NYT some steps that the
owning company must take to protect the trade secret.  In rapidly
evolving industries not all the privacy steps are taken and documented. 

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