Noncompetition Agreements and Trade Secrets
Protecting Trade Secrets and Intellectual Property
The first and perhaps the most critical step for any company in protecting its trade secrets and intellectual property is to ensure that it has in place the appropriate measures to do so. Our extensive knowledge of our clients' industries—including the financial services, pharmaceuticals, retail, and technology industries—provide us with the insight and understanding to assess the adequacy of such measures and to work closely with our clients to modify, design, and implement effective policies and practices that are compliant with applicable laws and tailored to our clients' needs. These measures include:
- Conducting audits to assess the efficacy of existing policies and practices.
- Preparing policies designed to properly guard and protect the confidentiality of trade secrets and other proprietary information
- Preparing and properly implementing restrictive covenant agreements regarding:
- Garden leave
- Protection of confidential information and trade secrets
- Protection and ownership intellectual property, including patents, trademarks, and copyrights
Talent Retention and Acquisition
In the ongoing war for talent, clients are often faced with the departure of key employees to competitors. Our employment attorneys work with clients to design and implement initiatives designed to enhance employee longevity and loyalty, such as stock option and equity programs, which include appropriate restrictive covenants. Our clients are also often faced with the issues that may arise in the hiring of talented personnel potentially subject to restrictive covenants with third parties. Our attorneys have a long history assisting clients in assessing and managing such issues.
At times, our clients find it necessary to engage in litigation with respect to the enforcement of restrictive covenants. Often, that litigation involves injunction proceedings that come without notice and have the potential to interfere with business operations and transactions. Our deep bench of employment litigators across the country and around the world, and our partnership with Morgan Lewis Resources and Litigation Support, enables us to act on a moment's notice to provide our clients with effective and forceful representation in such actions.