A person has a privilege, which may be claimed by the person or the person’s agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by that person if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclosure is directed, the court may take such protective measures as the interests of the holder of the privilege and of the parties and the interests of justice may require.73 This rule appears to have no prior equivalent under Delaware common law.
73. D.R.E. 507.
© 2010 David L. Finger