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The Curious Persistence of the Six-Factor Trade Secret Test, Part 2

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 covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.

17 minute read June 01, 2025 at 12:11 AM
By
Richard Rothman
The Curious Persistence of the Six-Factor Trade Secret Test, Part 2

Part Two: Compatibility of the Trade Secret Tests

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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