Principal Adam Kessel Discusses Trade Secret Strategy Following Massachusetts Supreme Judicial Court Decision

Law360 spoke with Principal Adam Kessel about the impact of a recent Massachusetts Supreme Judicial Court decision on preliminary injunctions in trade secret cases. The court rejected a presumption of irreparable harm, raising the evidentiary bar for plaintiffs seeking early injunctive relief. Kessel emphasized that the decision makes it even more important for companies to proactively protect valuable information and document the measures they take to keep it secret.

Excerpt: "You need to get your house in order. And, if you do have valuable information, whether it's commercial trade secrets like customer lists or a chemical formula or source code, it's now even more important to protect them before there is any misappropriation and to have a really good paper trail about the steps you're taking to keep your trade secrets secret."

Read the full article: IP To PI: Mass. Trade Secrets Attys Rethink Injunction Strategy