The Curious Persistence of the Six-Factor Trade Secret Test

This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.

11 minute read May 01, 2025 at 12:15 AM
By
Richard Rothman
The Curious Persistence of the Six-Factor Trade Secret Test

Part One of a Two-Part Article

This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts.

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