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Building a Better Mousetrap –Protecting Company AssetsIntroductionCompanies throughout the world rely on confidential, commercially-valuable informationas part of their business, which increasingly are becoming some of their most valuableintangible assets. To protect this confidential and proprietary business information,employers often utilize trade secret laws and restrictive covenants. This articleanalyzes the various means by which a company can (and cannot) protect trade secretor other confidential information. Part 1” focuses on the protection of trade secrets andother confidential information in the United States, and reviews a growing trend inlitigation involving “anti-poaching” agreements. “Part 2” outlines how those issues areaddressed abroad; in the Netherlands, the United Kingdom, Germany, Belgium, Franceand Italy.I. Protection of Employer’s Confidential Information in the UnitedStates. 1A. Trade Secrets.1. Defining a Protectable Trade Secret.Trade secret laws generally protect secret, valuable business information from theft andmisuse. Although it has been said that an “exact definition of a trade secret is not1 By James M. Peterson (peterson@higgslaw.com) of the ALFA San Diego firm of Higgs Fletcher & MackLLP.3082723.3