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Nicole D. Galli, Law Offices of N.D. Galli LLC Nicole D. Galli, Law Offices of N.D. Galli LLC

Businesses have adapted quickly to subdue the spread of COVID-19 and “flatten the curve,” adopting “work from home” policies and other social distancing measures. Though many businesses continue to operate, for many it is not “business as usual.” Some companies have been forced to furlough and even terminate employees in order to maintain fiscal health and ensure their businesses survive. Many aspects of the “new normal” raise concerns about trade secret protection. One obvious area are the risks posed by remote work, which has led to an exponential rise in cyber threats and an increased risk for “human error” as companies and employees attempt to provide adequate protection for their company’s trade secrets and other confidential information in their home settings. In addition, the increased possibility and likelihood of employee mobility—due to either the COVID-19 furloughs and terminations or concerns employees may have about their jobs being at risk even if currently still employed or perhaps having been forced to take a cut in pay—also creates increased risk to a company’s trade secrets.

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