Brooklyn Law Review


The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this note analyzes (1) the use of formalities in Russia’s current trade secret regime, and (2) the impact of the formalities system used in traditional US copyright law. In a time when the protection of trade secrets is as vulnerable as ever, change is needed, and formalities are the answer.