As Texas courts have noted, and Liquid Networx cited in its motion for directed verdict, affixing a confidentiality label to a document does not necessarily make the information within a trade secret. See Providence Title Co. v. Truly Title, Inc., 547 F. Supp 3d 585, 609 (E.D. Tex. 2021) (“[B]usiness information is not necessarily a trade secret simply because it is confidential.”)...
It is important to always consider the nature of the document, how it was created, what value comes from keeping it confidential, what efforts are made to keep it from third parties, and what safeguards are used when it is disseminated to third parties, in analyzing trade secrets. more
Note: TSCM information security surveys are used by savvy businesses to show serious trade secret protection efforts.
