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Whether addressing a unique event or IP asset, or ongoing management of a company's entire IP portfolio, we begin with an understanding of management's overall concerns and objectives.

What if a document is marked

IP-driven investment banking transactions are a frequent subject of news headlines. Key to such mergers and acquisitions is a thorough understanding of the trade secrets being acquired and the measures to protect them.


  1. How can trade secrets be protected?;
  2. Aggie Sees Double.
  3. What if a document is marked "proprietary information"?.

Ocean Tomo professionals work with transaction principals as well as their counsel and bankers to identify and assure protection of such IP assets. Our firm is uniquely capable of adding value to such opportunities through our proprietary products and services as well as our industry leading holistic approach. Ocean Tomo applies its expertise in understanding and valuing IP assets to minimize the possibility and impact of adverse events.

Specific to trade secrets, Ocean Tomo and its partners offer risk management solutions addressing security, insurance, compliance and documentation of prior use. Ocean Tomo and TSC provide solutions to the challenges that trade secret owners face, including identifying their most valuable knowledge, monitoring and testing the measures to protect their trade secrets, identifying corresponding vulnerabilities, providing executive decision tools and actionable recommendations for mitigating those vulnerabilities and more effectively managing data using TSC's proprietary analytical processes and expertise.

Ocean Tomo brings access to trade secret related insurance protection through a multi-peril policy. The MPIP policy responds after the final adjudication of a civil lawsuit that directly caused or established the loss of value.

Trade Secret Basics FAQ

Trade secrets are often licensed, either on a stand-alone basis or as part of a patent or broader IP license. In any such case, the trade secret licensor should consider periodic audits of licensee compliance with applicable obligations relating to, for example, royalties, maintaining secrecy, and accounting for new or improved developments. Given Ocean Tomo's holistic trade secret products and services as well as our substantial auditing experience, we are uniquely suited to conduct compliance audits for trade secret owners.

We also provide consulting advice when clients are being audited by third parties. Recent legislative changes also have heightened the importance of trade secrets. In particular, the prior use defense under 35 U. Ocean Tomo professionals rely on their holistic approach and expertise to best assure that such protection is readily available to clients. Ocean Tomo professionals have significant experience in valuing IP assets.

Latest Updates on Federal Trade Secrets Legislation

Ocean Tomo's trade secret appraisals account for unique value-related aspects of trade secrets, including investments in research and development, life cycle benefits and obsolescence, discount rates and corresponding cash flows. Trade secrets can be an integral component to a company's operations and viability.

Trade secrets are also increasingly becoming an alternative source of revenue and value recognition through license or a host of other transaction types. Ocean Tomo professionals have significant experience and unique expertise relating to the financial and other business terms of such transactions.


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In connection with any opportunity to leverage a firm's proprietary know-how or trade secrets, our experience and expertise will help to further the benefits that an owner will realize. Ocean Tomo Trade Secret Advisory Services - An Integrated Approach Ocean Tomo is a firm of experienced and dedicated professionals knowledgeable about all financial and operational issues concerning trade secrets.

Expert Testimony All IP disputes, and particularly those involving trade secrets, include complex economic issues that must be clearly communicated to judges and juries.

Latest Updates on Federal Trade Secrets Legislation | Seyfarth Shaw | Trading Secrets

The outside individual or organization supplying the data to the government entity must establish that the trade secret classification is warranted. However, government entities are ultimately responsible for making the determination as to whether data are trade secret information. While the federal Freedom of Information Act provides some protection for proprietary information, Minnesota State law provides protection only for trade secret information that meet all of the requirements above.

If the entity decides that the data fit the definition of trade secret information, then it must protect the data as private or nonpublic and restrict employee and public access accordingly.

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A government entity may notify the individual or organization that supplied the data of its decision not to classify any or all of the data as trade secret information. If the government subsequently receives a data request for the information, it may choose to notify the individual or organization so that it can obtain an injunction or other legal remedy to delay or prevent release of the data.

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Minnesota Department of Public Safety, N.