4 Ways to Mitigate Emerging Challenges in Trade Secret Litigation
Recovering trade secrets, remediating them, and pursuing reparations for losses relating to IP theft is often worth the investment, but only if efforts are strategic.
December 18, 2019 at 09:30 AM
7 minute read
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Trade secret litigation is on the rise. In the last two years, the number of filings have grown more than 30 percent. The stakes in these matters are becoming increasingly high as well—with awards reaching into the hundreds of millions for some civil cases. Investigators are facing new challenges that make the task of gathering evidence and remediating lost IP ever more difficult.
When trade secret theft is suspected or a suit is filed, the investigations that commence are complex, expensive, and intense. They involve collection of data from numerous physical and digital sources, across multiple geographies, and for potentially dozens of custodians. In addition to searching for evidence of trade secret theft or malicious behavior, investigators must then also locate every place to which stolen trade secret information has been copied or shared, and remove it from those unauthorized stores. When you layer in the potential for data privacy concerns, the complexity is even more evident.
In my investigations work in recent years, I've seen the scope and complexity of these matters deepen significantly, along with changes in how they are approached. Complicated protocols for investigations are causing costs to rise. The proliferation of varied data sources and cloud usage introduces more challenges for finding and remediating lost IP. Gaps between new demands and the capabilities of technology solutions are placing added importance on the skill and expertise of investigators.
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