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Greenberg Traurig Releases Episode 16 of the Trade Secret Law Evolution Podcast, Exploring the Tangibility of a Trade Secret, How Fast to Cut off Terminated Employee Access and More

Podcast now Eligible for California CLE Credit

LOS ANGELES – Jan. 30, 2020 – Global law firm Greenberg Traurig, LLP released Episode 16 of the Trade Secret Law Evolution Podcast, “California CLE Eligibility, the Tangibility of a Trade Secret, How Fast to Cut off Terminated Employee Access, and More.” 

The podcast is now eligible for CA self-study CLE credit. Episode 16 and the catalog of recorded episodes are approved for CA self-study CLE credit.

In Episode 16, Greenberg Traurig Shareholders Jordan D. Grotzinger and Ashley M. Farrell Pickett discuss cases that address how tangible a trade secret must be, how fast to cut off terminated employees’ access to confidential information, and other issues.

Key takeaways include:

  • A trade secret does not have to be a tangible thing, like a list or a formula. It can be almost anything if it is secret, derives value from its secrecy, and is subject to reasonable efforts to maintain secrecy.  
  • “Improper means” for purpose of misappropriation includes downloading/emailing files without permission. It may seem obvious, but it bears repeating, since you see it all the time.Irreparable harm for purposes of injunctive relief means not only risk of losing customers, but devaluation of the trade secret due to the misappropriation.  
  • In a recent case, cutting off a former employee’s access shortly, but not immediately, after resignation was deemed reasonable. The standard is “reasonable” efforts to maintain secrecy, not perfection.    
  • May” doesn’t cut it in proving trade secret misappropriation. For example, that cybercriminals “may” sell private information does not establish independent economic value of the information.  

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.

The Trade Secret Law Evolution Podcast was created by Grotzinger, who co-chairs Greenberg Traurig’s 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.

Links to select prior episodes:

About Greenberg Traurig, LLP: Greenberg Traurig, LLP (GT) has approximately 2,100 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.