Employment Law Update -- Resolve To Safeguard Company Information In 2012 -- January 2012



For many businesses, employees are the biggest investment and the primary safeguard of their confidential, proprietary and competitive information. For some employees, however, a slowly rebounding economy presents increased opportunities to join a competitor looking to capitalize on the specialized knowledge of an experienced industry insider. As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation. To that end, the following steps may be helpful.

1. Identify what business information is a “trade secret” versus “confidential information”

All “trade secret” information is confidential, but not all “confidential information” is a trade secret. A trade secret is any highly confidential information related to your business – whether a fact, process, program, technique or other collection of information – that is independently valuable because it is neither known to, nor readily ascertainable by, competitors or the public through lawful means. “Confidential information” includes any other information that an employer wants to protect from disclosure, but that is not so critical to the company’s profitability as to have independent financial value if disclosed.

Please see full update below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nexsen Pruet, PLLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.