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Protecting Confidential Information
In the Digital Age
Protecting Trade Secrets
Are You Prepared?
Agenda• Introduction • What Is a Trade Secret?• Protecting Your Trade Secrets
• Internal and External Threats • Are You Ready to Litigate?• Technology to Help
Why is this vital to your organization?
Cost of Design and Implementation vs.
Loss of Trade Secrets and Attorneys Fees
IT IS AN EXPEN$IVE CHOICE!
What is a Trade Secret?
1) the information must not be generally known or readily ascertainable;
2) the information must derive independent economic value from secrecy; and
3) the plaintiff must make reasonable efforts to maintain the secrecy of the information.
Minnesota courts identify three statutory elements for trade secrets under the MUTSA:
Information is Risky
• Internal Risks: • Departing Employees
• External Risks• Industrial Espionage
Internal Risks:Departing Employees
• Non-Compete Agreements or Non-Disclosure Agreements• Identify the Confidential Information
• Reasonable Protections for Confidential Information• Passwords, Notifications, and Monitoring
External Risks:Industrial Espionage
Secure Office Space: (Reasonable Measures to Limit and Track Access)
• ID Badges• Video• Biometrics
External Risks:Industrial Espionage
Secure Electronic Data• Password Protections
•Computers at a Minimum •Files & Databases
• Secure Backup• Firewalls• Secure Wireless• Tracking Users Access
Are You Positioned to Legally Protect Your Trade Secrets with an Injunction?
• Can your organization establish the three elements necessary to legally enforce your trade secrets?
• Can you prove misappropriation?• Who has the information?• Was it taken improperly?• Is the information being used?
“So, How Can I Do This?”
Technology and
Legal Advice
Technology to Aid YouEnsure Redundancy• Off-site Data Backup
• Backup critical data in the event of loss• Backup off-site to protect against fire• Keep multiple revisions of documents in the backup
Protect Yourself from Intruders• Firewall
• Keep people who don’t belong in your network out• Intrusion Detection Systems
• Know and stop intruders when they DO get in• Anti-Malware Systems
• Keep Malicious software out of your network• Secure Wireless Systems
• Prevent war-driving and other malicious wireless activity
Technology to Aid You
Track User Access• What if you could…
• Discover where confidential information is stored throughout your network.
• Monitor where sensitive data travels in and out of your network.
• Protect confidential data and information from misuse.
• Keep of a record of who touched what data, and when it occurred.
Technology to Aid You
Any Questions?
Q&A
Thank You! For Further Questions:
Benjamin R. SkjoldLitigation & Business Attorney Licensed in MN and IL
[p] 612.746.2560[f] [email protected]
