The protection of a trade secret requires, first and foremost, secrecy. Our team works closely with clients to develop strategies and protocols for protecting a company’s trade secrets, including the creation of internal procedures for protecting proprietary information, negotiating and preparing non-disclosure agreements, and drafting agreements with employees, consultants, and independent contractors that carefully identify, define and explain an individual’s responsibility for preserving the company’s trade secrets.
We counsel clients regarding trade secret issues involving mechanical and medical devices, computer code, systems, business and manufacturing methods, and client and customer lists. Our team advises clients how best to preserve and leverage their proprietary information, and how to choose between the pursuit of patent protection or the preservation of secrecy and know-how through tight control of information without publication.
When the need arises, as often happens when employees leave a company to work for a competitor, our IP litigation and employment lawyers take appropriate enforcement action to protect the valuable trade secrets of our clients. Navigating each state’s trade secret-related statutes and federal laws such as the Federal Computer Fraud and Abuse Act, as well as monitoring pending federal and state legislation relating to misappropriation of trade secrets, we ensure that our clients’ valuable trade secrets remain safe and proprietary.