For example, remote employees should be trained generally on securing confidential information, but they also should be reminded about more basic, but often overlooked precautions, such as keeping sensitive documents out of camera view during videoconferencing, limiting printing as much as possible, not transferring data off of company servers and securely destroying/shredding any documents that may contain confidential information.

Particularly for workforces that are new to remote work and companies that are rolling out new technology, training is imperative. TrainingĪ company can have all the policies in the world, but if its employees are not properly trained and reminded of these policies, they can be ineffective – not worth the paper they are written on. In addition, marking documents “confidential” and implementing electronic pop-up reminders at login will act as constant reminders that the information being accessed is confidential and that there is a need to safeguard such information. The best way to do so is through plainly worded policies, contracts and communications. Reasonable measures should include the following: Set Clear ExpectationsĬompanies should clearly define what information is a trade secret and what actions are expected of employees and business partners who have access to such trade secrets. It can also lead to bad legal outcomes, because the law requires parties to take “reasonable measures” to protect trade secrets - even during a pandemic. Either scenario can lead to equally bad business and competitive outcomes. Unfortunately, some employees may take the opportunity to exploit this new arrangement for nefarious purposes, while others may be careless and expose confidential information without intending to, or without even realizing that they have done so. In fact, some companies are actually relaxing security standards in the name of convenience and efficiency. In the understandable rush to “flatten the curve” and keep employees and communities safe, many businesses have rushed to provide remote access to systems and data without simultaneously ensuring that new technologies are secure and implementing or strengthening remote-work policies and procedures. “Reasonable Measures” to Protect Trade Secrets with a Remote Workforce And even where access is assured, establishing an “emergency” for purposes of obtaining injunctive relief to prevent the disclosure of trade secrets may no longer be subject to the same pre-pandemic standard.Īs the saying goes, “never let a good crisis go to waste.” While today’s business environment is fraught with new challenges, forward-looking companies should use the crisis to re-evaluate remote work, new technologies and other issues to position themselves to thrive as the economy rebounds. Though the situation is constantly evolving and highly localized, access to many state and federal courts remains limited.

While remote work is designed to minimize the risk of virus transmission, it may increase the risk of trade secret misappropriation.Īdditionally, while these changes to the workplace may increase the need for judicial relief to protect trade secrets, access to the court system has also changed. In the workplace, most employees are now remote, and companies have had to quickly roll out new (and sometimes unsecure) technology for communication and data transfer. The COVID-19 pandemic has changed everything and affected everyone. Partners at Seyfarth Shaw LLP address the risks and difficulties companies face. With a substantial increase in remote working, lax cybersecurity measures for the sake of convenience and tens of millions of employees having been furloughed or laid off, it’s becoming critical for organizations to step up their protections of their trade secrets.

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