Overview
Many businesses assume they already know what their trade secrets are. In practice, the picture is rarely that clear. Some information that feels sensitive may not meet the legal threshold for protection. Other information that seems routine, such as a particular combination of processes or a specific way of solving a recurring problem, may be both valuable and poorly protected.
A trade secret audit answers those questions through a structured method that provides a clear view of a client's position. Leason Ellis works with business and technical teams to identify the information a company generates and relies on, assess whether and to what extent it qualifies for protection, evaluate how it is handled across the organization, and identify gaps in practices, policies, and agreements. The scope of the review scales to the client’s needs, from a straightforward review of agreements at an early-stage company to a multi-site assessment for a business with research facilities in several jurisdictions. Clients receive a report with actionable insights and a prioritized set of recommendations that help them safeguard what is most exposed.
Audits commonly turn up the same handful of issues: confidentiality agreements with gaps that can be closed, communication practices that create unintended exposure, and internal security standards that have fallen behind industry norms. Surfacing these issues before they factor into a dispute or a due diligence review is often the most valuable part of the process.
At Leason Ellis, we recommend performing audits as the client’s business evolves. An audit is often warranted during any significant event, including an acquisition or investment that calls for a credible understanding of what proprietary information a company holds and how well it is protected. A key employee departure, particularly to a competitor, calls for a fast assessment of what that person could access and whether adequate measures were in place. New technology, including AI tools that may expose sensitive information to outside systems, creates risks worth reviewing. Whatever the trigger, the goal is the same: to give the business a reliable picture of its trade secret assets, identify potential areas for improvement, and provide the confidence to act.
