Trade Secret Protection
For most companies, trade secrets represent years upon years of research, expertise, and costs. While these trade secrets become key to a company’s success, these same trade secrets can be stolen by employees or competitors. This is particularly true in today’s world of shared and easily accessible networks, portable data storage devices, and smart phones.
Thus, it goes without saying that companies meaning to keep their competitive advantage secret need to implement protection policies. At CAEJ Law, it is the goal of our firm to not only create for your business strong trade secret protection policies, but also to ensure that all levels of employees are properly trained and educated on these protection policies with the ultimate goal of creating and maintaining a business culture of trade secret protection vigilance. We provide on-site training to management and employees on issues such as how to safeguard confidential information, the warning signs of disloyal employees, and how employees become unknowing participants in trade secret theft conspiracies.
Trade Secret & Non-Compete
In today’s world, employees are changing jobs and opting to work for competitors at a higher rate than ever before. Businesses have disclosed important, confidential information to these same employees. While these situations are quite common, and typically handled seamlessly by the HR department, they do pose a series of legal questions. The following are a few questions you should be asking yourself, if you haven’t already done so:
- Can I prevent the new employer from hiring the employee merely because the employee has trade secret knowledge that would “inevitably” be disclosed in the performance of his new job?
- How valid and enforceable are the provisions in our non-compete agreement that restrict the ability of the employee to work for a competitor?
- How can I protect my company against the disclosure and use of my trade secrets and confidential information by the employee in his new job?
- Should I have my employees sign non-compete and confidentiality agreements?
- Do courts typically enforce non-compete agreements?
- Do I have any rights if my employees have not signed non-compete and confidentiality agreements?
- Can I hire a competitor’s employee that has not signed a non-compete agreement?
- Can I hire a competitor’s employee that has signed a non-compete agreement?
- How can I minimize my risk of being sued if I hire a competitor’s employee?
- How can I protect myself should I hire consultants who also does work for competitors throughout my industry?
CAEJ Law, P.C. has the expertise and resources to adequately analyze and understand the nature of your business, your industry, and your company’s culture to best determine not only the need for non-compete agreements and confidentiality agreements but also the appropriate provisions and language which would accomplish your company’s goals.