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:


Nexsen Pruet, PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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. Or, sign up using your email address.