"The most contested element in establishing a prima facie Defend Trade Secrets Act (DTSA) trade secret misappropriation claim is whether the owner undertook "reasonable efforts" to maintain secrecy. Defendants routinely cite a lack of or poorly implemented security measures as a defense. On November 18, 2025, the U.S. Court of Appeals for the Fourth Circuit in Samuel Sherbrooke Corporate Ltd. v. Mayer offered guidance on what constitutes such measures at the pleading stage,"
"A plaintiff must prove as part of its prima facie case that it has undertaken "reasonable efforts" under the circumstances to maintain the information as a trade secret. Reflecting this understanding, the DTSA and the Economic Espionage Act (EEA) do not define what constitutes a "reasonable measure." Indeed, the EEA's legislative history indicated "what constitutes reasonable measures in one particular field of knowledge may vary significantly from what is reasonable in another field or industry," and is "dependent upon the nature of the information in question.""
The Fourth Circuit in Samuel Sherbrooke Corporate Ltd. v. Mayer reversed a district court dismissal and held that confidentiality agreements can, at the pleading stage, suffice to show "reasonable efforts" to maintain trade secrecy under the DTSA. The court explained that the DTSA and the EEA do not define "reasonable measures" and that what is reasonable depends on the industry and the nature of the information. The court indicated that security measures need not be absolute or heroic. The ruling suggests that limited protective measures can survive summary judgment and aids owners in evaluating secrecy protections.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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