Trade Secrets v. Confidential Information

The non-existence of a trade secret asset: ‘confidential’ information
by R. Mark Halligan, FisherBroyles LLP

For years, there has been a debate whether “confidential” information is analogous to a “trade secret.”

It is not. Information is either protected as a “trade secret” or not protected as a “trade secret.” Any other characterization of “confidential” information undermines the protection of trade secret assets and interferes with lawful and fair business competition.

There is no such thing as non-trade secret “confidential” information.

There is no such thing as “confidential” information that does not rise to the level of a trade secret. There is no middle ground: Either the information is a “trade secret” (and protectable) or not a trade secret (and not protectable).

A “trade secret” is an intellectual property asset that requires reasonable measures to protect the information as a “trade secret” and proof that such information derives an actual or potential economic advantage from the secrecy of the information. more

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Your business is based on information and conversations considered confidential, sensitive, or intellectual property. These create your competitive advantage. No less important than trade secrets, and yet, not protected under trade secret law.

So, what protection do you have?

Start by adding a Technical Information Security Consultant to your team. Their proactive surveys can spot espionage issues like electronic eavesdropping, information security risks, and employee compliance with information security policies—before they become losses.

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Murray Associates is an independent technical information security consulting firm. They provide electronic surveillance detection and counterespionage services to business, government and at-risk individuals.

Headquartered in the New York metropolitan area, a Murray Associates team can assist you quickly, anywhere in the United States, and internationally.