Don, an employee of Justad Company, agreed to become a "consultant" for a competitor's company (Staton Company) owned by the Whites. Over the course of seven years, Don supplied the Whites with confidential reports from his employer (Justad Company) and the Whites paid Don approximately $20,000 annually. Eventually, Don was caught and agreed to work with the FBI, which led to the arrest of the Whites. When the Whites were charged with attempted theft of trade secrets, they argued that it was impossible for them to have committed this crime because the documents were not actually trade secrets.
Does the government need to prove that the reports Don gave to the Whites qualified as trade secrets? What does the government need to establish in this case? Should the Whites be acquitted? Why or why not?