trade secrets and information security – dr. kalyan c. kankanala’s presentation at cisco

Trade Secrets and Information Security

By Dr. Kalyan C. Kankanala

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Writings: www.kalyankankanala.com

Copyright BananaIP Counsels 2017 - All Rights Reserved

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Trade Secret


Any Information• Independent Economic/Business Value• Not Known to others• Reasonable Measures to protect Secrecy

Reasonable Measures


• Notice of Secret Information• Steps to safeguard the information• Steps are legally recognized

• NDAs and Confidentiality Clauses• Access Controls• User Name Passwords• Confidentiality Notices


Reasonable?


Misappropriation

Improper Means

• Civil• Criminal• Tortuous


Defenses

• Independent Creation

• Reverse Engineering

• Inevitable Disclosure


Example

SoftS specializes in software for tracking people, and their activities. Unhappy with his appraisal, Virappa, one of the key employees of SoftS joins IPM, SoftS' competitor. Within three months of Virappa's joining, IPM launches a mobile application to monitor and track mood of a person based on voice data. The mobile application has many features that form part of SoftS' upcoming mobile application for analyzing voice messages.

SoftS sues Virappa and IPM for trade secret misappropriation.


Facts

Virappa signed an employment agreement, which has a confidentiality clause that survives termination of his employment with SoftS.

Virappa was working in the voice data analytics software applications department of SoftS.

Virappa's linkedin profile and facebook profile specifically describe his work in the voice data department, and IPM's HR team contacted him on Linkedin based on the said description.

Virappa copied all data on his office laptop onto a hard disk for back up purposes as his laptop was crashing regularly.

Virappa had a nasty fight with his reporting manager after his appraisal.

Misappropriation?


Social Media and Information Security

• LinkedIn Connections

• Facebook and Twitter Strategy

• WhatsApp group communications

• Blogging


Some Recent Cases

• ZeniMax v. Oculus - Virtual Reality - 500 Million

• Dalmatia v. FoodMatch - Fig Jam - 2.5 Million

• Waymo v. Uber - Self Driving Car Technology - Pending

• Goldman Sachs v. Sergey Aleynikov - Trading Software - Convicted - 8 Years

• Doe v. Google - StopLeak - Broad Confidentiality Agreements

Dr. Kalyan’s Books And Novels


Visit Dr. Kalyan’sBook page

Pay What you want to

Buy!

http://www.kalyankankanala.com/my-books/











Email Address : [email protected]

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How to Reach Dr. Kalyan C. Kankanala


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https://en.wikipedia.org/wiki/Kalyan_Chakravarthy_Kankanala