Harvey Bennett, Inc., is a company that developed a method for surviving in the water that is designed to be taught to infants. The company developed a course in this technique, called swim-float-swim, and generates revenue by training and certifying instructors who then teach the technique to the public at large for a fee. The instructors are trained extensively on the nearly 2,000 procedures necessary to accomplish the technique. All instructors sign a nondisclosure form and an agreement not to compete. When several of the instructors resigned and formed a venture called Aquatic Survival, Bennett filed suit claiming, among other allegations, misappropriation of the swim-float-swim system.

1. Does the swim-float-swim technique qualify as a trade secret? 2. What factors would the court use to assess whether the technique is a trade secret? Discuss

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