Information management dysfunction and poor data governance not only creates corporate inefficiencies, it creates vulnerabilities that increase intellectual property (IP) risk, especially to trade secrets. It may also violate Sarbanes-Oxley’s Section 404 internal controls requirements.
Today, the majority of a company’s information-based intangible assets exceed its tangible assets. Intangible assets vary in their value and market capitalization representation, but among them, trade secrets can be the most exposed while representing the greatest portion of a company’s IP. A trade secret requires establishment and maintenance and continual effort to maintain---through secrecy and secured documentation. Protecting trade secrets by locking them away from external and internal thieves is no longer enough, and has not always been that effective, particularly if litigation is involved. Failure to safeguard and properly document those efforts can negate trade secrets’ protected status.