When assessing whether to permit an expert witness access to trade secrets, the risk of disclosure must be assessed having regard to the expert's professional interest in the field, including any history of patent applications or attempts to develop competing technology. A contractual undertaking of confidentiality may be insufficient protection where the expert has a longstanding professional interest in the same area. The availability of alternative experts is a critical consideration that must be explored before permitting a potentially conflicted expert to access trade secrets.
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