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(l to R) Bambo Obaro and Jeffrey Klein of Weil, Gotshal & Manges (Courtesy photos) Bambo Obaro, left, and Jeffrey Klein of Weil, Gotshal & Manges (Courtesy photos)

Trade secret protection under both federal and state law depends on a company’s ability to demonstrate that the information it seeks to protect has independent economic value derived from being secret, and that the company has taken reasonable measures to keep the information secret. In other words, unlike other forms of intellectual property, the inherent value of trade secrets comes from not being generally known or ascertainable. With so many employees working from home in response to the COVID-19 pandemic, now more than ever, companies need to analyze their internal policies to assess whether their pre-COVID-19 measures to protect trade secrets are adequate and appropriate in this new work paradigm.

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