Tennessee's ever-growing trade secrets
MGLaw's Joe Kelly breaks down a recent Tennessee Court of Appeals decision he says might significantly expand the state's definition of a trade secret.
For purposes of illustration, assume a Tennessee company maintains a password-protected document listing the name of every country in Europe and its respective capital. Then assume that Jack, an employee of the company, emails the list to himself on his last day of work and then uses it to form his own competing-business just 6 days later. Jack could have obtained the names of the countries and capitals from the internet, but he chose to rely on the list instead. Does the list constitute a trade secret? Under Keymon, the answer is maybe.




