For companies of all types and sizes, protecting trade secrets is harder than ever. These intangible assets—from computer programs and marketing plans to customer lists and recipes—are vital to maintaining a competitive edge. But they can easily walk out the door, thanks to an increasingly mobile workforce armed with high-powered computing devices that are easily tucked into a briefcase or pants pocket.
“People don’t just lock things up in their desk and go home,” says Sara Gold, a Los Angeles–based partner with Drinker Biddle & Reath. And, notes Michael Delikat, who heads Orrick, Herrington & Sutcliffe’s East Coast labor practice, few people stay put in one job forever any more: “The superstars of the world are more sought after by companies that are looking to hire them than the companies looking to retain them.” Given what they know, those superstars can spell trouble for former and future employers.
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