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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. Part One covers the evolving tests for establishing a trade secret, while Part Two, in next month’s issue, will examine the compatibility of those tests and potential considerations for litigators and legislators.
Introduction
Every trade secret lawyer is familiar with the test for existence of a trade secret: Information that is subject to reasonable secrecy measures and derives economic value from not being generally known or readily ascertainable. This is the core proof required for information to qualify as a trade secret under the federal Defend Trade Secrets Act, the Uniform Trade Secrets Act, and almost all state statutory trade secret laws.
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Major Differences In UK, U.S. Copyright Laws
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The Article 8 Opt In
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Removing Restrictive Covenants In New York
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Legal Possession: What Does It Mean?
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