Keeping All Confidential Information Confidential
Today, it is easier than ever to misappropriate the strategies, efforts, initiatives, market research, product development, design strategy, and pricing schemes of an employer. Unscrupulous competitors are always looking for a way to obtain this knowledge, and may turn to disloyal or careless former or current employees. When someone sells such valuable information to a competitor, the damage can be irreparable.
When drafted properly and with care, restrictive covenants in the employment context serve to protect legitimate interests of employers, such as safeguarding trade secrets, proprietary data, and other confidential information. Many courts have become increasingly skeptical about non-competes and other restrictive covenants in the employment context because of their impact on the ability of former employees to find a job. Our trade secrets restrictive covenants lawyers Maryland residents trust, know the ins and outs of non-compete agreements and other restrictive covenants, and how to either attack or defend them in court. We have litigated many such cases on behalf of both employees and employers, giving us a depth of knowledge that not only translates well to the litigation context, but also to counseling clients on how to draft or modify such agreements to protect the company’s interests and enhance enforceability.
The First Line of Defense For Your Company: Prevention
When it comes to your trade secrets restrictive covenants, preparation and prevention is key. Consider the following scenario. Let us say that a departing employee chooses to divert your customer relationships to a competing company. What would you do? Or, what if a competing company extends an offer of employment to one of your employees and fails to set guidelines for the transition from one company to the other. These are all real possibilities, that if mishandled, could result in a damaging reputation, a loss of a customer base, and financial strain. As leading trade secrets and restrictive covenants lawyers Maryland has to offer, we can provide you with practical legal and business advice that includes the implementation of hiring procedures and exit policies.
Some of the services our Maryland based trade secrets restrictive covenants lawyers offer include:
If Necessary, We Will Litigate
While prevention is the key to confidentiality and avoiding litigation, sometimes despite the efforts made, litigation can be inevitable. For example, a previous employee might disclose proprietary information ignore restrictive covenants that were disclosed in a signed agreement. Likewise, it is possible for a previous employee to file a lawsuit over claims of misappropriation of a trade secret. Whatever the legal matter might be, our trade secrets restrictive covenants lawyers in Maryland may be able to help. Our cases have involved:
Our firm has appeared before arbitration panels, in mediation proceedings, and in both state and federal court. We possess a high amount of knowledge and experience that enables us to get wide-reaching results. In our experience, we have provided legal assistance for issues, such as:
Our services include:
As trade secrets restrictive covenants lawyers Maryland residents turn to for help, we have served in house counsel, outside counsel, courts, mediators, government agencies, and others who are seeking either legal advocacy or neutral advisors. To learn more about our Maryland lawyers for trade secrets and restrictive covenants, call Brown Kiely LLP.
Business owners and their employers should make protecting sensitive business information a priority. Trade secrets and restrictive covenants play a significant role in safeguarding competitive advantages and proprietary knowledge. Addressing common concerns about these topics can help clarify how businesses can maintain their operations securely and lawfully. For assistance tailored to your situation, Maryland trade secrets and restrictive covenants lawyers can provide valuable insights.
A trade secret is any information, process, formula, or practice that provides a business with a competitive edge and is not publicly known. For it to be legally recognized as a trade secret, the business must take reasonable steps to keep it confidential. Examples include customer lists, manufacturing processes, and proprietary algorithms. The key is that the information has economic value due to its secrecy.
Trade secrets are protected primarily through confidentiality agreements and non-disclosure agreements (NDAs) with employees, contractors, and partners. These legal tools set clear boundaries about the use and sharing of sensitive information. If a trade secret is misappropriated, businesses can seek remedies under state laws and the federal Defend Trade Secrets Act (DTSA). This typically involves filing a lawsuit to recover damages or prevent further misuse.
A restrictive covenant is a clause in an employment agreement that limits an employee’s actions during or after their employment. These provisions may prevent an employee from competing with the company, soliciting clients, or disclosing confidential information. Businesses often include these covenants to protect their interests, particularly when employees have access to sensitive information or proprietary knowledge. Maryland Trade Secrets and Restrictive Covenants Lawyers can guide employers and employees on how these agreements impact their rights and obligations.
No, non-compete agreements are not enforceable in every state. Some states, like California, have strict rules against enforcing such agreements except in limited circumstances. In other states, the enforceability of a non-compete depends on factors such as its scope, duration, and geographical limits. Courts typically assess whether the agreement is reasonable and necessary to protect legitimate business interests without imposing an undue burden on the employee.
While both agreements aim to protect business interests, they serve different purposes. A non-compete agreement restricts an individual from working for a competitor or starting a similar business within a certain timeframe and geographic area. In contrast, a non-disclosure agreement focuses on confidentiality, requiring individuals to keep specific information private and not share it with unauthorized parties. Non-disclosure agreements are more common and generally easier to enforce.
Protecting trade secrets and using restrictive covenants are essential for businesses looking to safeguard their assets and maintain their competitive advantage. If you have questions about implementing these measures or dealing with potential violations, Maryland trade secrets and restrictive covenants lawyers can offer practical advice and guidance. Attorneys like those at Brown Kiely LLP have more than 20 years of experience and can assist in creating tailored solutions to protect your business. Contact us today for a complimentary consultation to discuss your needs and explore how we can help.
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