Is Social Media Putting Your Company’s Valuable Trade Secrets at Risk?
February 12, 2013 By Sheldon Mak & Anderson PC
Call the Attorney at (855) 874-3327 
Free Consultation
Call the Attorney at (855) 874-3327 Free Consultation
With the explosion of social media sites like Facebook, Twitter, and LinkedIn, it is likely that many of your employees use social media for both personal and business interactions. While these tools can be a great way to spread the word about your company’s products or services, they can also compromise proprietary information, including trade secrets.
As we continually remind our clients, trade secrets are a valuable business asset, but only if they remain secret. Therefore, it is critical for companies to have policies and procedures in place to prevent employees from revealing confidential information via social media.
Below are a few tips for safeguarding your trade secrets:
• Create policies for employees that clearly detail the company’s expectations regarding the use of social media.
• Include social media provisions in employment-related contracts such as non-disclosure and non-compete agreements.
• Closely monitor the use of social networking media even for business purposes to reduce the risk of leaking confidential information, even inadvertently.
• Thoroughly investigate any social media provider before using it to market your business. For instance, it is important to understand the provider’s policies regarding the ownership of information that is posted on its site as well as what controls are in place to protect customer data from hacking and other security threats.
• Finally, stay on your toes—social media continues to evolve and will likely pose more IP challenges in the future.
Of course, these are only a few general tips. To ensure that your company’s trade secrets are thoroughly protected, it is a good idea to consult with an experienced intellectual property attorney.
ABOUT THE AUTHOR: Robert A. Schroeder
Robert A. Schroeder has been a patent litigator for over 30 years. He is experienced in appeals before various circuit courts of appeal and has argued before the U.S. Supreme Court. He also provides clients with opinions on patent infringement matters and frequently advises with respect to licensing agreements and intellectual property acquisitions. Mr. Schroeder is a graduate of Cornell Law School and Clarkson University. Most recently, he was a partner and Practice Group Lead for intellectual property litigation at the law firm of Bingham McCutchen. Before that, he founded the intellectual property firm of Pretty & Schroeder. He began his career as a Patent Examiner in the Physics Group of the United States Patent Office.
Copyright Sheldon Mak & Anderson PC
More information about Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Below are a few tips for safeguarding your trade secrets:
• Create policies for employees that clearly detail the company’s expectations regarding the use of social media.
• Include social media provisions in employment-related contracts such as non-disclosure and non-compete agreements.
• Closely monitor the use of social networking media even for business purposes to reduce the risk of leaking confidential information, even inadvertently.
• Thoroughly investigate any social media provider before using it to market your business. For instance, it is important to understand the provider’s policies regarding the ownership of information that is posted on its site as well as what controls are in place to protect customer data from hacking and other security threats.
• Finally, stay on your toes—social media continues to evolve and will likely pose more IP challenges in the future.
Of course, these are only a few general tips. To ensure that your company’s trade secrets are thoroughly protected, it is a good idea to consult with an experienced intellectual property attorney.
ABOUT THE AUTHOR: Robert A. Schroeder
Robert A. Schroeder has been a patent litigator for over 30 years. He is experienced in appeals before various circuit courts of appeal and has argued before the U.S. Supreme Court. He also provides clients with opinions on patent infringement matters and frequently advises with respect to licensing agreements and intellectual property acquisitions. Mr. Schroeder is a graduate of Cornell Law School and Clarkson University. Most recently, he was a partner and Practice Group Lead for intellectual property litigation at the law firm of Bingham McCutchen. Before that, he founded the intellectual property firm of Pretty & Schroeder. He began his career as a Patent Examiner in the Physics Group of the United States Patent Office.
Copyright Sheldon Mak & Anderson PC
More information about Sheldon Mak & Anderson PC
View all articles published by Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
