Intellectual Property Law

New Matter FALL 2022, VOLUME 47, EDITION 3


Catherine Lui

Orrick, Herrington, & Sutcliffe LLP

The likely upcoming recession coupled with a still largely remote workforce can lead to particular difficulties with protecting a company’s trade secrets and confidential information during these turbulent times. There will probably be layoffs across a variety of companies and industries, or at the very least more particularized scrutiny about how to cut costs—which usually leads to additional employee terminations. Because a large portion of the workforce, especially with tech companies, is still partially or fully remote, a fraying of the connectivity to the company can occur and may result in more disgruntled employees. Losing that connective tissue to the company may spur employees to cut corners when transitioning to a new company. These factors can result in increased risk to the exfiltration of a company’s trade secrets and confidential information.

Keep these issues in mind to help mitigate that risk.

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