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Why is a trade secret audit important?
In court, the trade secret holder needs to prove it used reasonable measures under the circumstances to protect its information. The trade secret holder stands in a strong position if they consulted with counsel about protection of its information. Is it reasonable to instruct oneself on the law when counsel is readily available?
The trade secret holder's position is greatly enhanced if they have a recent review by counsel, stating that the measures are reasonable under the circumstances. That is, it is unreasonable to require the company to second guess a legal opinion absent a showing that the trade secret holder knew the legal opinion should not be trusted. Such an exception is very difficult to show, making the opinion very powerful evidence.
Updated: 11/12/99
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