Companies need creative solutions to guard against misuse and theft of trade secrets and proprietary information. We work closely with our clients to modify, design, and implement effective trade secret policies and practices, “invention” agreements, and postemployment noncompetition, nondisclosure, and nonsolicitation agreements. And when companies find themselves facing trade secret litigation in federal or state courts, our deep bench of commercial, employment, and intellectual property litigators provide effective, forceful representation.
Proactive trade secret and proprietary information policies and programs are often the least expensive and the most effective way to protect intellectual property. Through counseling and transactional advice, we help clients protect their trade secret processes, methodologies, information, formulae, client lists, ideas, and other proprietary information.
Morgan Lewis lawyers prepare policies and draft and implement restrictive covenant agreements regarding noncompetition, nondisclosure, nonsolicitation, and garden leave. In addition, we ensure that our clients have effective protection of their intellectual property through reviewing and enforcing patents, trademarks, and copyrights. In the ongoing challenge for talent, companies often see key employees depart to join the competition. We work with clients to design and implement initiatives that enhance employee longevity and loyalty. These programs may include stock option and equity programs, along with appropriate restrictive covenants.
We also litigate to protect and enforce trade secrets. Often this involves injunction proceedings that arrive without notice, and that can interfere with business operations and transactions. Morgan Lewis acts swiftly in such actions to provide skilled representation that minimizes the impact on our clients’ businesses.
With the enactment of the Defend Trade Secrets Act of 2016, we can also assist in pursuing or defending misappropriation of trade secret actions in federal court, including with respect to ex parte applications for an order providing for the seizure of property necessary to prevent the propagation or dissemination of the trade secret.
Our teams also routinely conduct trade secret audits and design protection programs that avoid trade secret misappropriation before it occurs by drafting specialized confidentiality agreements to protect employers, independent contractors, joint venturers, suppliers, purchasers, business partners, and potential buyers and sellers of proprietary technology.