The Inaugural Sedona Conference on Developing Best Practices on Trade Secret Issues

Trade secret disputes often bring demands for immediate equitable relief at every stage of the dispute. If the trade secrets are released “into the wild” they may be destroyed and no amount of money may provide adequate compensation. “Equitable relief,” however, comes in many sizes. “Remediation”—prompt return of trade secrets, careful forensics eradication, and sometimes auditing or monitoring to establish compliance can be an early solution for some disputes. Other disputes may call for the imposition of more aggressive activity restraints and inspections both at an early stage and at the conclusion of the dispute. Extreme cases may even call for the shutdown of an entire line of business. In this section we will consider the uses of equitable solutions, how parties and courts can craft case-specific remedies, and how to ensure that, while offering the virtue of flexibility, “equity is not whim.”