Are the Last Episodes of “Breaking Bad” Trade Secrets?

Breaking Bad is seemingly everywhere this month.  With only a few episodes remaining, die-hard fans of the television show have gone into overdrive.   We too, have caught Breaking Bad fever, and started to wonder, do the final episodes qualify as trade secrets?  If one of the show’s employees were to release the general plot narrative, would the show’s owners be able to sue for trade secret misappropriation?  For more information, please see Kenneth Vanko’s excellent blog post on the subject.

In order to show that information is a trade secret, the owner must show that (1) it has instituted reasonable measures to maintain the secrecy of the information, and (2) the information is economically valuable because of its secrecy.  We will address these factors in turn.

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