Developments in trade secrets cases and the growing role of the NIST Framework
The whitepaper provides an overview of the current cyber threat landscape to trade secrets and confidential information, and presents the legal relevance of cybersecurity for trade secret protection. Under U.S. and international law, the legal protections afforded to a company’s trade secrets are directly dependent on whether the company itself has taken “reasonable steps” to protect that information.
The whitepaper surveys voluntary measures and best practices, people and process risks to trade secrets, “reasonable steps,” as well as current trends in cybersecurity and trade secret protection. It also looks at voluntary measures and best practices in information security, including the Framework for Improving Critical Infrastructure Cybersecurity (the “NIST Framework”), developed by the National Institute of Standards and Technology (“NIST”).