Measures Hedge Fund Managers Can Implement to Maximize Protection of Their Trade Secrets

Hedge fund managers have a well-documented interest in maintaining the confidentiality of client lists, investment strategies and other sensitive business information – information that courts are increasingly recognizing as trade secrets.  But most of the caselaw relating to trade secrets arises in the technology industry and therefore has limited applicability to hedge fund managers.  The facts of technology cases often bear little resemblance to the operations of hedge fund managers, and the lessons to be derived from such cases are often cost-prohibitive or structurally distinguishable.  How can the lessons of trade secrets jurisprudence be analogized and adapted to the hedge fund industry?  In a guest article, Ben Quarmby, a partner at litigation boutique MoloLamken LLP, does just that – examining relevant law and research, and extracting specific measures that hedge fund managers can implement to protect their trade secrets.  Quarmby concludes that some of the cheapest and most easily implemented trade secret protections are among the most effective – a conclusion that may surprise some managers, but that should be welcome news in an environment of generally rising costs.

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