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Rule 5 Quiz

Rate The Risk of Revealing a Company’s Purported Trade Secret

Click on each item for an explanation of legal risk.

You’re blogging on the use of child labor in the chocolate trade. You get hold of a list of chocolate manufacturers who purchase cocoa from a supplier that is being investigated for having ties to some of the world’s most exploitative cocoa plantations. You wish to publish the list on your blog to inform the public of the nefarious origins of the chocolate from these manufacturers.

Assess the risk of violating trade secret law:

A. You call the supplier and identify yourself as a gourmet chocolate manufacturer and ask for marketing materials about the company and in those materials is a list of customers that you plan to publish on your blog.

If the customer list is something the company generally protects against disclosure and only shares selectively, then your deceptive representations could help the company win a claim you violated trade secret law.

D. You approach a manufacturer and ask whether that company buys cocoa from the supplier and the company confirms it does. When you ask the manufacturer’s chief executive officer whether she is aware of the unsavory origins of the cocoa, she gives you a list of all of the other customers of the supplier to spread the heat. You pocket the list and post it when you get home.

You didn’t do anything improper to obtain the list. If you have no reason to believe the chief executive acted improperly in giving you the list, then there’s no apparent trade secret violation. If, on the other hand, the list is marked “highly confidential,” or the chief executive tells you she shouldn’t be giving you the list, but “What the hey?” then it’s a tougher case and you’d want to proceed with caution. To be on the safe side, perhaps you might call the manufacturers on the list and confirm their relationships with the supplier and post the results of your reporting rather than posting the list itself. You’d probably want to do that anyway in the course of fact checking to protect against the sort of factual error that could support a libel claim should one of the manufacturers be listed erroneously.

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