Trade Secret Audits
Intellectual Property and Technology | Trade SecretsWe conduct trade secret audits evaluating protection measures, identifying vulnerabilities, and recommending improvements to safeguard confidential information.
Overview
Assessing and Improving Trade Secret Protection
Regular audits ensure trade secret protection remains effective as businesses evolve. Our Trade Secret Audits practice provides comprehensive assessment of trade secret programs, identifying strengths, weaknesses, and opportunities for improvement.
Audit Scope
Comprehensive audits cover all aspects of trade secret protection. We review what information is treated as trade secrets, how it's identified and classified, who has access, what agreements are in place, and how protection is documented. We evaluate both policies and actual practices.
Protection Measure Assessment
We evaluate existing protection measures against legal standards and best practices. We assess whether measures are reasonable under applicable law—sufficient to maintain trade secret status while enabling legitimate business operations. We identify gaps between stated policies and actual implementation.
Vulnerability Identification
Audits identify weaknesses creating risk. We examine access controls, physical security, electronic protections, third-party relationships, and employee procedures. We identify where trade secrets may be exposed to theft or inadvertent disclosure.
Documentation Review
Enforcement requires evidence of reasonable measures. We review documentation supporting protection efforts—policies, training records, agreements, access logs, and incident responses. We identify documentation gaps that could undermine enforcement.
Competitive Intelligence Assessment
We evaluate how the organization gathers competitive intelligence to ensure practices don't create liability for misappropriating others' trade secrets. We review hiring practices, information gathering procedures, and training.
Recommendations and Remediation
Audit findings drive improvement. We prioritize identified issues by risk level and provide actionable recommendations. We help implement improvements and develop roadmaps for program enhancement.
Our Services
trade_secrets
Federal registration and validity opinions
trade_secret_protection_programs
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Audits identify protection gaps before they cause problems, ensure measures remain reasonable as business evolves, and create documentation supporting enforcement.
Annual audits are good practice. Additional audits when significant changes occur—acquisitions, new product lines, organizational restructuring, or security incidents.
Identification practices, classification systems, access controls, agreements, physical and technical security, employee procedures, third-party relationships, and documentation.
Legal, IT security, HR, and business personnel with knowledge of confidential information and protection practices. Executive sponsorship ensures findings are addressed.
We provide findings and recommendations. We help prioritize remediation, develop implementation plans, and may assist with program improvements.
Audits conducted by counsel for legal advice purposes may be privileged. We structure engagements to maximize protection where appropriate.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
