A trade secret is proprietary information that you keep secret or confidential by confidentially agreements or simply by non-disclosure other than to a small group of trusted persons. Trade secrets often give your company an economic advantage over competitors. By definition, a trade secret cannot be reverse engineered. Famous trade secrets include the Coca Cola recipe, Google’s search algorithms and Colonel Sanders’ blend of spices in KFC’s fried chicken. As evident from these examples, trade secrets are frequently the most important or valuable assets of a company. They are protected primarily by state laws.
Our attorneys will assist you in establishing best practices to guard against inadvertent disclosures or theft, so that you forever maintain the confidentiality of your trade secrets. In the event that the theft or disclosure of your trade secrets occurs, we can work swiftly and aggressively to minimize the consequences to your business. If you are accused of violating or taking another’s trade secret, we can defend you against such claims.
Our attorneys offer comprehensive services related to trade secrets, including:
- Drafting employment agreements that include restrictive covenants which require your employees to keep trade secrets confidential;
- Drafting confidentiality agreements, so that no third parties with whom you share trade secrets can steal them or spread them publicly without violating your contract with them not to do so;
- Sending cease and desist letters to parties that have stolen or disclosed your trade secrets;
- Pursuing litigation including preliminary injunctions to enforce against a theft or disclosure of trade secrets;
- Assisting in the posting of criminal charges by identifying and notifying the appropriate authorities;
- Working with private investigators as they investigate trade secret issues;
- Defending claims of trade secret infringement.