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Trade Secrets › Non-Disclosure Agreement › Confidentiality Agreements

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

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You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

Mandelbaum Barrett PC

The Essential Guide to Non-Disclosure Agreements: Protecting Your Business Ideas and Partnerships

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Have you ever worried about the safety of your business secrets when discussing your innovative ideas with potential partners, and vendors, or hiring new employees?...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?

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Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Claims are Related to Trade Secret Claims?

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What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more

Wolf, Greenfield & Sacks, P.C.

Are Your NDAs Up to Date?

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Nondisclosure agreements (NDAs) can be used to protect companies’ confidential and trade secret information. But you should resist the urge to have a vendor, contractor, or employee sign a dusty old stock NDA and assume your...more

Fox Rothschild LLP

Time to Revisit Your Confidentiality Agreement

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As you surely know by now, non-compete and non-solicit agreements, and related provisions in settlement or other types of agreements, will be even more heavily scrutinized in California in 2024. So enough about what you...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Competition Crosses the Line, Level the Playing Field with Unfair Competition Litigation

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By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more

Kohrman Jackson & Krantz LLP

Federal Appellate Court Approves Pretext Border Search Based on Trade Secret Theft Suspicion

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For almost nine years, Haitao Xiang, a Chinese national and U.S. resident, had worked for Monsanto, Co in St. Louis as a research application engineer specializing in hyperspectral imaging technology. As with most jobs of...more

Holland & Hart LLP

No More Non-Competes

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In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more

Wyrick Robbins Yates & Ponton LLP

What are IP Assignment Agreements?

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For the high-growth startups we represent (and into which our venture capital clients invest), intellectual property (IP) is typically the core asset driving the company’s value. Ensuring that the company’s IP is properly...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

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Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Jenner & Block

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

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Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

Hendershot Cowart P.C.

Protecting Trade Secrets in Texas: How Do You Identify and Secure a Trade Secret?

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To maintain its protection under Texas law, how do you keep a trade secret, secret? Under §134A of the Texas Civil Practice and Remedies Code, also known as the Texas Uniform Trade Secrets Act or TUTSA, a trade secret...more

Seyfarth Shaw LLP

House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

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Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination,...more

Mintz - Intellectual Property Viewpoints

Benefits of and Best Practices for Protecting Artificial Intelligence and Machine Learning Inventions as Trade Secrets

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We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade...more

Weintraub Tobin

Trade Secret or Patent?

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Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. The answer is: It depends. What Can Be Protected? The first thing to consider is what it is that...more

Epstein Becker & Green

New California Law Further Restricts Confidentiality Provisions in Employment, Settlement, and Separation Agreements

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California Governor Gavin Newsom recently signed into law the “Silenced No More Act” (SB 331 or the “Act”), which expands limitations on confidentiality provisions in settlement agreements for filed claims, previously...more

Holland & Knight LLP

Non-Disclosure Agreements and Trade Secrets: 12 Points to Consider

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When businesses share their trade secrets or confidential information with employees or third parties (a franchisee, a joint venture partner, a potential buyer, etc.), they rely on trade secret law and on non-disclosure...more

Fisher Phillips

Protecting Against the Risk of Trade Secret Exposure Arising from Biotech Industry Collaboration

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Biotechnology companies in the healthcare/pharmaceutical realm are in an exceptionally competitive field, with many companies competing against each other for a chance to market similar innovative therapeutics. These...more

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

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A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

Obermayer Rebmann Maxwell & Hippel LLP

What Employers Need to Know to Safeguard Their Trade Secrets

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The protection of trade secrets and other confidential information is important to the bottom line of every company, whether a Fortune 100 corporation or a small business. In furtherance of that objective, this post gives...more

Kilpatrick

Monthly Minute | Trade Secret Protection Best Practices–Employment and Confidentiality Agreements

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Once a month, we cover an interesting topic in 60 seconds. This month, Partner Joel Bush covers best practices for trade secret protection—employment and confidentiality agreements....more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Reminds Plaintiffs to Specify Their Trade Secrets

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One of the most common forms of business agreements that our clients enter into is the non-disclosure agreement (NDA). Whether to explore a potential partnership between two companies, to consider a proposed merger or...more

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