It’s no secret: Once a company’s valuable business information becomes public, it will never be private again. “You can’t un-ring the bell,” says Donald Daugherty, an intellectual property litigator and cochair of the business litigation practice group at Whyte Hirschboeck Dudek in Milwaukee, who has handled many trade secrets cases.
Protecting that precious information is no easy task. As illustrated by the Seagate Technology LLC-Western Digital Corporation case—in which the arbitrator decided that only three of Seagate’s eight claims involved actual trade secrets—identifying what qualifies as a company’s most valuable competitive information can be challenging. “Often, people think things are trade secrets that really aren’t,” Daugherty says.
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