Firms strategically choose more conservative capital structures when they face greater competitive threats stemming from the potential loss of their trade secrets to rivals. Following the recognition of the Inevitable Disclosure Doctrine by U.S. state courts, which exogenously increases the...

On 30 July 2018, the Belgian legislature transposed the EU Directive 2016/943 on trade secrets (hereafter, “Directive”) by adopting the law on the protection of trade secrets (hereafter, “Trade Secrets Law”), which entered into force on 24 August 2018.Considering that some provisions on...

We examine how labor mobility restrictions in the form of non-compete clauses in employment contracts affect employee behavior. Using the mutual fund industry as testing laboratory, we show that fund managers respond to higher job termination costs due to increased enforceability of non-compete...

This Comment intends to advance a novel law for prosecuting the theft of cryptocurrency—the Defend Trade Secrets Act of 2016 (the DTSA or the Act). The DTSA is a powerful legal tool for combatting this difficult-todefine crime. Beyond the conceptual applicability of trade secret law, the...

Confidentiality of information is considered to be a basic business necessity in order to safeguard the business's strengths, competitive advantage, commercial value, economic status and market position. However, a business may often need to disclose confidential information to other...

We study the association between firms' disclosures in Forms 10-K of the existence of trade secrets, and cyber theft of corporate data (which we refer to as “Breaches”). Prior academic research explaining occurrence of Breaches is scarce, and no prior study has focused specifically on...

Switzerland is a Member State of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which specifically protects undisclosed information (Article 39(2)). Confidential/undisclosed information is protected by a variety of provisions across the Swiss legal...

A trade secret is protectable when it (1) relates to and is capable of application in trade or industry; (2) has the necessary quality of secrecy or confidence, is not in the public domain and is known only to a restricted number of persons; and (3) has economic value to the proprietor (e.g.,...

The law of confidence is capable of encompassing all information that any party has an interest in keeping confidential. While confidential information generally comprises information of a commercial nature (e.g., a company’s internal guidelines and policies), it also includes information of a...