The Role of Stupidity in Trade Secrets

I still remember that “aha” moment when, as a young lawyer, I looked back on the couple dozen trade secret disputes I had handled and realized what they all had in common. It was so obvious I couldn’t understand why I hadn’t seen it before. Although every case had its own special facts reflecting unique personalities, technologies and business models, one necessary element was present in every single case. Somebody had done something stupid. And they still do.

Sometimes it’s about what people do when getting ready to leave their job and go into competition. They brazenly solicit customers or foment discontent among the staff they want to recruit. They use the company’s computer system to research and prepare their business plan. They download thousands of confidential files they’re not supposed to have anyway, and then try to cover their tracks by using specialized software – I’m not making this up– called “Evidence Destroyer.”

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