How do I prove something was a trade secret in a dispute?

What must you prove about the information itself?

You must show the information had real economic value because it was not publicly known or easy to figure out. Courts often require the business to identify the alleged trade secret with reasonable specificity. Vague claims like "our confidential methods" are usually insufficient.

This could mean it saved time, reduced costs, increased revenue, or gave your business a competitive edge.

If the information was widely known or easy to recreate, it likely will not qualify as a trade secret.

What proof shows you protected information?

Courts look for evidence that you treated the information like a secret. Helpful proof can include:

• Signed NDAs and confidentiality agreements.
• Written internal policies defining confidential information.
• Access controls, such as passwords and limited permissions.
• Documents labeled "Confidential" or "Proprietary".
• Employee training records.
• Exit procedures that remind workers of ongoing duties.
• Security audits or monitoring efforts.

If these protections were not in place or not documented, a court may decide the information was not properly protected.

What to do next

• Identify high-value confidential information.
• Put written policies and NDAs in place.
• Limit access using clear security controls.
• Keep records that show consistent protection efforts.

What to consider in your specific situation

Your ability to prove trade secret status may depend on:

• How valuable and unique the information is.
• Whether it's publicly available or easily recreated.
• Who had access and why.
• What agreements were signed.
• How consistently protections were enforced.
• Whether protections existed before the dispute.

Trade secret protection is strongest when it's proactive, not reactive.

Since every situation is different, consider getting tailored information through Rocket Copilot, a Legal Pro, or a trade secret review so you can strengthen your documentation and protect your business with confidence.