As an expert witness on intellectual property litigations, I have noticed over the past few years parties with poor arguments in software copyright and software trade secret cases, both plaintiffs and defendants, have been taking advantage of technologically outdated protective orders to gain an unfair advantage. The Producing Party may visually monitor the activities of the Receiving Party’s representatives during any source code review, but only to ensure that there is no unauthorized recording, copying, or transmission of the source code.” In my expert witness work, I use tools to compare software code to identify indicators of copying. Most states have adopted the Universal Trade Secret Act, and the trade secret laws of those states that have not adopted it have only minor differences with it. It states that something can only be a trade secret if “the owner thereof has taken reasonable measures to keep such information secret.”