Trade secrets constitute a distinct form of intellectual property, intrinsically linked to the maintenance of corporate confidentiality. Once disclosed publicly, the trade secret property is destroyed. We help businesses implement and execute policies and procedures to safeguard such confidential information. To address the appropriate need, the Intellectual Property Practice Group may build a team including members drawn from our Labor and Employment Practice Group.
In collaboration with the business, we identify and formulate the necessary policies that ensure confidentiality and adherence to these standards. Written agreements are essential. We ensure the business has Confidentiality Agreements for execution by employees upon onboarding, and affirmations at off-boarding that acknowledge the employer’s ownership of such materials. We provide Non-Disclosure Agreements to be executed by third parties, including independent contractors and business partners. We also recommend the development of employee handbooks that clearly outline the expectations regarding the secrecy of business information, alongside further affirmations of the policies contained within. We assist in the presentation at annual business meetings to revisit and reinforce these policies, with a documented record of attendance to ensure compliance.
Moreover, we assist in the development of each business’s comprehensive systems to safeguard trade secrets from theft. This includes protocols for marking or identifying what constitutes a trade secret, as well as establishing security measures for both electronic and tangible copies of such information. We work with the business to ensure access to these materials is restricted to essential personnel, protecting against unauthorized access. We assist businesses in developing policies and systems for encryption, password protections, and firewalls.
Having taken the steps to support a position that the information is a protectible trade secret, the business can then move forward with any use, licensing, or enforcement actions.
Areas of Focus
- AI Protection
- Appeal of Judgments Regarding Intellectual Property
- Copyright Litigation
- Cybersquatting Litigation
- False Advertising Litigation
- Foreign Patent Prosecution
- Foreign Trademark Prosecution
- Intellectual Property Assets in Family Hands
- Intellectual Property in Corporate Agreements
- Intellectual Property in Mergers & Acquisitions
- Intellectual Property Ownership from Employees & Independent Contractors
- Litigation With Intellectual Property
- Patent Administrative Challenges
- Patent Litigation
- State Trademark Prosecution
- Trade Secret Litigation
- Trade Secret Protection
- Trademark Administrative Challenges
- Trademark Litigation
- U.S. Copyright Protection
- U.S. Patent Prosecution
- U.S. Trademark Prosecution
