When your vital company information is on the line, or you facing potential liability from your past employment, you need experienced counsel by your side.

When is Information a Trade Secret?

Michigan law has enacted the Michigan Uniform Trade Secret Act, MCL 445.1901 et seq. This act defines certain terms, including providing the following definition of a trade secret:

information, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following:

(i) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

(ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Trade Secret Litigation

Trade secret litigation often involves a fact-intensive analysis regarding the information claimed to be a trade secret. This often arises in the context of an employee leaving one business for a competitor.

Not all information kept by a business is protectable as a trade secret. In fact, even certain information that is confidential to the business will not rise to the level of a protectable trade secret. In many claims for the misappropriation of trade secrets, the question of whether the information can be protected is the fundamental issue in the case.

Other times, the employer attempting to protect information can alter a trade secret case by its actions. For example, information that is readily available to the public will not be protected by the MUTSA. That means if customer lists, customer data, vendor lists, or other information is publicly shared, whether on a web site, marketing materials, or at a trade show, that information cannot form the basis of a trade secret case.

Trade Secret Evaluation

If your business is at risk of losing vital information, or if you must defend a trade secret case, Revision Legal can protect you.

To consult with our trade secret attorneys, simply complete the contact form on this page or call Revision Legal at 269-281-3908.