In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees. It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation. It is also important to reduce the risk that the trade secret status of information will be lost based on a failure to take reasonable steps to protect its secrecy. This article addresses some steps your business can consider taking to protect trade secrets accessible by employees who are now working at home. Even if your business had a WFH policy before the COVID-19 outbreak, it should be re-visited in light of the current circumstances flowing from a pandemic during which all or most of your workforce may be operating on a WFH basis. For example, what was once a “no trade secrets may be taken home” policy may be impossible in the current climate.
Continue Reading COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?