On May 2, 2017, Executive Managing Partner Daniel Garrie published the fourth article in his column “The Neutral Corner” on Thomson Reuters’ Legal Executive Institute blog. The article is titled “The Neutral Corner: Using Forensic Neutrals in Trade Secret Disputes”.
The dirty secret of trade secret disputes is that even if you win, it can be difficult to get back to where you started. It’s like closing the stable door after the horses have run off with trade secret disputes. A court or arbitration panel may not have trouble reaching findings of fact and conclusions of law, but the secrets are still out there. And ensuring that the trade secret information is entirely removed from the offending company’s systems is a lot harder than rounding up wild horses.
Enter the forensic neutral. Forensic neutrals can help sort out the technical messes that often accompany trade secret disputes.
The graphic When to Use a Forensic Neutral further illustrates the questions to ask to determine whether you may need to retain a Forensic Neutral.