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In an article published in the Legal Intelligencer, Segal McCambridge Associate Angel T. Davis discusses if a March Madness bracket can be considered a trade secret, and, if so, if the methodology for making that bracket is likewise protected. To be defined as a “trade secret” per se, it must usually be a product of internal development and must have a certain economic value that derives from that information being kept secret.
“A March Madness bracket entry will not meet the criteria that define ‘trade secrets,’” writes Davis. “Even if the methodology behind a bracket entry was configured by using an extraordinarily unique method, each entry is based on publicly available sports information — the main element used to categorize a trade secret.”
Even so, Davis advises young attorneys to attain at least a foundational background on spotting a client’s need for trade secret protection and ensuring that those secrets remain secure. Effectively guiding clients is essential to maintaining their industry secrets, be they for products, business models, formulas, or even a homemade recipe.
“Young lawyers can slam dunk their way to more success in this specialized area of the law by learning the best defenses for trade secret claims, the elements of misappropriation, what reasonable measures mean in the context of clients, and mastering discovery techniques,” she writes. “We can all raise a glass of sweet tea to this and the Tennessee Volunteers being my top pick on my 2025 March Madness bracket.”
Read the story in full; click here (subscriber-based).
