Report Shows Younger Professionals More Accepting of Trade Secret Sharing, While Occupation and Gender Significantly Impact Views on Intellectual Property Rights
December 05, 2024, New York, NY — DOAR, the nation’s leading trial consulting company, today released findings from a comprehensive study examining attitudes toward trade secret protection and intellectual property rights across major IP litigation venues. The survey revealed significant generational and demographic differences in how potential jurors view the retention and sharing of confidential and technical information, with implications for both litigation strategy and corporate policy.
The report, “A Study of Jurors’ Attitudes Toward Theft of Trade Secrets Cases,” was conducted by the DOAR Research Center and surveyed 1,631 respondents across four major IP venues: the Marshall Division of the Eastern District of Texas, the Waco Division of the Western District of Texas, the Central District of California, and the District of Delaware.
“The landscape of trade secret litigation has transformed dramatically in recent years, driven by record-breaking jury awards and increased vulnerabilities from remote work,” said Dr. Chad Lackey, Director at DOAR and author of the study. “Our research challenges traditional assumptions about who supports strong trade secret protections, with surprising variations across occupations and demographics.”
Key findings from the study include:
- Young and Old Split on IP Rights: While 76% of those 65 or older found it completely unacceptable for employees to take technical plans from former employers, the majority of 18-24-year-olds found this conduct acceptable.
- Women Take Harder Line on IP Protection: Women consistently showed stricter ethical boundaries, with 63% finding it completely unacceptable to retain an employer’s technical plans, compared to less than half of men.
- Occupation Influences IP Attitudes: Workers in banking and finance were consistently more accepting of sharing confidential information. In contrast, office and clerical workers were significantly more likely to find such conduct unacceptable.
- Tech Workers More Lenient Than Expected: Engineers were more likely than others to find it acceptable to share technical documents with new employers, with 38% approving of such conduct. Computer science and IT workers also showed greater acceptance of sharing technical information from previous employers, challenging assumptions about technical workers’ attitudes toward IP protection.
- Venue Less Important Than Demographics: Individual characteristics and occupational background had a greater impact on attitudes than venue location, with age, gender, and occupation proving more significant predictors than jurisdiction.
“The data reveals complex attitudes about ownership of work product,” said Dr. Lackey. “With 59% of respondents believing it’s acceptable for employees to retain technical plans they helped develop, regardless of contractual obligations, combined with significant demographic and occupational differences in attitudes, companies face new challenges in protecting their intellectual property.”
Download the full report of our findings, including a detailed analysis of demographic factors and specific recommendations for trial strategy and corporate policy.
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DOAR is the nation’s leading trial consulting company, providing critical insight and strategic advice to lawyers at top-tier law firms and major corporations involved in high-stakes, complex legal disputes.
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