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| 2002 |
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| Playing Trade Secret Offense and Defense: Protecting Your Trade Secrets While Recruiting Your Industry's Best and Brightest |
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Columbus R. Gangemi Jr.
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Tracy A. O'Flaherty
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This article first appeared in American Employment Lawyers Council, 2002
Legal protections afforded to trade secrets have traditionally focused on the classic trade secret paradigm -- the "secret" sauce or other formula that made a company's product or process unique and special. Indeed, what would modern American "cuisine" be today without McDonald's "special sauce," Colonel Sanders' secret "herbsand spices," or Coke or Pepsi's secret formulas. Guided by principles of fairness, courts found little difficulty affording legal protectionand relief to employers whose employees pirated, or attempted to pirate,such confidential and proprietary information. |
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