Legal Question in Employment Law in Michigan

Re: Confidential Separation & general release

Michigan has adopted the Uniform Trade Secrets Act. The Act defines a "trade secret" as: "... information, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following: (i) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. (ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

It will be necessary to look to several sources to prove the facts necessary to establish that something is a trade secret. This requires the expertise of an attorney familiar with trade secret laws. It is impossible to provide instructions as to how to prove ownership of a production process and method which would constitute a trade secret under the Act. As the above definition indicates, however, the process or method must be one that is not generally known to other persons who can obtain economic value from its disclosure or use. There are many factors which would affect the ability to demonstrate ownership.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.