The document discusses protecting trade secrets and confidential information. It defines a trade secret under Minnesota law as information that is not generally known, provides economic value from secrecy, and reasonable efforts are made to maintain secrecy. The document outlines internal and external threats to trade secrets like departing employees and industrial espionage. It recommends using technology like data backup, firewalls, and access monitoring to help legally protect trade secrets and track unauthorized use.

1. Protecting Confidential Information
In the Digital Age

2. Protecting Trade Secrets
Are You Prepared?

3. Agenda
• Introduction
• What Is a Trade Secret?
• Protecting Your Trade Secrets
• Internal and External Threats
• Are You Ready to Litigate?
• Technology to Help

4. Why is this vital to
your organization?
Cost of Design and Implementation
vs.
Loss of Trade Secrets and Attorneys Fees
IT IS AN EXPEN$IVE CHOICE!

5. What is a Trade Secret?
Minnesota courts identify three statutory elements for trade
secrets under the MUTSA:
1) the information must not be generally known or readily
ascertainable;
2) the information must derive independent economic value
from secrecy; and
3) the plaintiff must make reasonable efforts to maintain the
secrecy of the information.

6. Information is Risky
• Internal Risks:
• Departing Employees
• External Risks
• Industrial Espionage

7. Internal Risks:
Departing Employees
• Non-Compete Agreements or
Non-Disclosure Agreements
• Identify the Confidential Information
• Reasonable Protections for Confidential
Information
• Passwords, Notifications, and Monitoring

8. External Risks:
Industrial Espionage
Secure Office Space:
(Reasonable Measures to Limit and Track Access)
• ID Badges
• Video
• Biometrics

9. External Risks:
Industrial Espionage
Secure Electronic Data
• Password Protections
•Computers at a Minimum
•Files & Databases
• Secure Backup
• Firewalls
• Secure Wireless
• Tracking Users Access

10. Are You Positioned to Legally Protect Your
Trade Secrets with an Injunction?
• Can your organization establish the three
elements necessary to legally enforce
your trade secrets?
• Can you prove misappropriation?
• Who has the information?
• Was it taken improperly?
• Is the information being used?

11. “So, How Can I Do This?”
Technology
and
Legal Advice

12. Technology to Aid You
Ensure Redundancy
• Off-site Data Backup
• Backup critical data in the event of loss
• Backup off-site to protect against fire
• Keep multiple revisions of documents in the backup

13. Technology to Aid You
Protect Yourself from Intruders
• Firewall
• Keep people who don’t belong in your network out
• Intrusion Detection Systems
• Know and stop intruders when they DO get in
• Anti-Malware Systems
• Keep Malicious software out of your network
• Secure Wireless Systems
• Prevent war-driving and other malicious wireless activity

14. Technology to Aid You
Track User Access
• What if you could…
• Discover where confidential information is stored
throughout your network.
• Monitor where sensitive data travels in and out of
your network.
• Protect confidential data and information from
misuse.
• Keep of a record of who touched what data, and
when it occurred.

15. Technology to Aid You
Enter…
Data Security Suite

16. Q&A
Any Questions?

17. Thank You!
For Further Questions:
Benjamin R. Skjold
Litigation & Business Attorney Licensed in MN and IL
[p] 612.746.2560
[f] 612.746.2561
bskjold@skjold-barthel.com
www.skjold-barthel.com