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Episode 7 of Greenberg Traurig’s Trade Secret Law Evolution Podcast Explores the Increasing Cost of Trade Secret Litigation and What to do About it, Establishing and Keeping Trade Secret Status, and ‘Head Start’ Damages

LOS ANGELES – Sept. 26, 2019 – Global law firm Greenberg Traurig, LLP released Episode 7 of the Trade Secret Law Evolution Podcast, titled “Soaring Litigation Costs, What to do About it, Proving That Your Asset is a Trade Secret, and Keeping it That Way.”

Co-hosted by Greenberg Traurig Shareholders Jordan D. Grotzinger and Ashley M. Farrell Pickett, Episode 7 discusses the following issues and takeaways:

Match your proof to your definition of a trade secret. In Rhode Island, a multimillion-dollar jury verdict was overturned because the proof didn’t match the plaintiff’s description of the trade secret at issue.    

If your trade secret includes public domain elements, you need to strengthen your proof of independent economic value by demonstrating that the “unified” trade secret affords a competitive advantage.

You need to prove your trade secret is not generally known or properly ascertainable to establish secrecy, for example, by showing that you’ve invested substantially in its development, or that the trade secret at issue is not known in the relevant business community.     

An unjust enrichment award can be based on a defendant’s “head start” in the market due to misappropriation. 

To demonstrate misappropriation, you have to show that the trade secret is actually useable and valuable in the market. 

Disclosure of a trade secret in a patent removes trade secret status. Therefore, decide carefully which way to protect (either trade secret or patent).   

The Trade Secret Law Evolution Podcast is designed to help business leaders, in-house counsel, and entrepreneurs stay current on trade secret law, to help them protect their companies’ most valuable assets. Each episode addresses recent developments in the law and concludes with key takeaways. The podcast is available on the Greenberg Traurig website, as well as on Apple Podcasts, Stitcher, and Spotify.

Episodes to date:

Pilot Episode
Agency, Statute of Limitations, Inevitable Disclosure and More
Trade Secret Identification, Irreparable Harm and More
Sovereign Immunity from Trade Secret Theft and What Courts Consider When Ruling on Trade Secret Status
Choice of Law, Trade Secret Identification, Supporting Independent Economic Value and More
What Trade Secret Identification Really Means, Consent to Disclosure, and Sufficiency of Evidence

The Trade Secret Law Evolution Podcast was created by Shareholder Jordan Grotzinger, who co-chairs the Los Angeles Litigation Practice. Grotzinger is a business trial lawyer focusing on trade secret law, consumer class action defense, financial services, and entertainment litigation in federal and state courts. He has tried jury and non-jury cases throughout California and has argued before the Ninth Circuit Court of Appeals and the California Court of Appeal.

About Greenberg Traurig, LLP: Greenberg Traurig, LLP (GT) has approximately 2100 attorneys in 41 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. Web: Twitter: @GT_Law.