What Constitutes a Trade Secret?
According to the United States Patent and Trademark Office, trade secrets consist of “consist of information and can include a formula, pattern, compilation, program, device, method, technique or process.” They must be used in business and provide the owner of the trade secret the opportunity to gain an economic advantage over competitors who do not possess the trade secret.
18 U.S. Code § 1839 defines “trade secret” as follows:
all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if
(A)the owner thereof has taken reasonable measures to keep such information secret; and
(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information;
How LCG’s Investigative Services Help Protect Your Trade Secrets
The most common type of case we are asked to investigate involves the allegation of unauthorized transfer of data. Many times the unauthorized transfer of data constitutes confidential or proprietary information and trade secrets. We are experts at identifying data transfer to and from electronic devices and have designed a fixed-fee process for this specific purpose. We get you actionable information fast, so that you can confidently make the right decisions about spending time, money and effort on an investigation or litigation.
Further, Clients who implement our services into their regular business processes help their company meet the “reasonable measures” requirement to protect trade secret information through awareness, deterrence and enforcement efforts.