Settlement Agreement Trade Secrets

While the information was password protected and only certain employees had access, the Eleventh circuit concluded that “Yellowfin effectively abandoned all oversight of the security” of the information in question, as Yellowfin: (1) encouraged Kevin to store the information on his personal devices and did not require him to delete the information upon leaving the company; (2) Kevin did not request to use security measures for information on his personal devices; (3) Kevin gave access to the information, although he refused to sign a confidentiality agreement; and (4) none of the information has been identified as “confidential”. Public information cannot be a trade secret, because it is public. .

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