Section 14 Trade Secrets

• Library: Employer-Employee Law 2008

A trade secret “is any . . . compilation of information which is used in one’s business and which gives him an opportunity to obtain an advantage over competitors . . . .” Steamatic of Kansas City, Inc. v. Rhea, 763 S.W.2d 190, 194 (Mo. App. W.D. 1988). The only secrecy required for enforcement is that the secret “confer an actual or potential economic advantage on one who possesses the information.” Restatement (Third) of Unfair Competition § 39 cmt. f (1995). The secrecy requirement “is satisfied if it would be difficult or costly for others who could exploit the information to acquire it without resort to . . . wrongful conduct . . . . Novelty in the patent law sense is not required.” Id.

Trade secrets may include “a list of customers” and “a code for...