Trade Secrets: Reverse Engineering

By: Allison Zweng The Uniform Trade Secrets Act (UTSA) defines a trade secret as “information, including a formula, pattern, compilation, program device, method, technique, or process, that: 1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain […]

Trade Secrets: Inevitable Disclosure Doctrine

By: Woenho Chung Imagine a scenario in which a high-level employee at a startup is looking to switch over to a similar position at another company that provides similar services. Of course, the startup had all of the requisite confidentiality/trade secret-protections in place, said high-level employee had signed confidentiality/nondisclosure agreements, and no intentional misappropriation of […]

The Defend Trade Secrets Act & Startups

President Obama signed the Defend Trade Secrets Act (the “DTSA”) into law on May 11, 2016, and established the first federal cause of action for trade secret theft. The DTSA provides protection of trade secrets by enabling companies to bring suit in federal courts without needing diversity jurisdiction, as well as by providing a mechanism […]

Trade Secret vs. Patent Protection for Software Startups

So you’ve launched a software startup. You know that if you are to have any hope of becoming the next Google, Facebook, or Twitter success story, you need to take steps to protect your technology and your brand. Making the choice to invest some resources into obtaining intellectual property protection can be a great decision, […]

Trade Secrets: An Inexpensive Alternative to Patent Protection

  There are several ways in which start-up companies may protect their intellectual property, including patents, trademarks, copyright, and trade secrets.  Trade secret protection may be particularly attractive to start up companies given the longevity of trade secret protection and the relative ease in which protection can be afforded. A trade secret can be anything […]