The cornerstone of a company’s competitive advantage is often the design, technique, process, strategy, or other confidential means by which a company sets itself apart from others sharing its market. Protection of these valuable trade secrets is often critical to the vitality of the company. Unfair competition lawyers assess a company’s trade secrets to draft non-compete agreements, non-disclosure agreements, and non-solicitation agreements to prevent ex-employees and their future employers from using or disclosing information learned on the job in a way that competes unfairly.

Importance of Employment Agreements

Non-compete agreements contractually restrict employees who learn trade secrets on the job from unfairly using those trade secrets in competition with the employer. Non-disclosure agreements contractually require the confidentiality of information. Non-solicitation agreements protect an employer’s investment in the training of employees against competitors hiring and benefitting from trained employees. Unfair competition lawyers have an array of tools at their disposal to assist companies in protecting valuable, confidential information.

Importance of Confidentiality Agreements

Beyond the context of employment law, trade secret protection is also necessary when business must share confidential information with other businesses. For example, a start-up company may be required to share confidential information with potential investors, or a manufacturer may have to share confidential information with a component-part manufacturer. Unfair competition lawyers can help determine how to protect trade secrets from disclosure to outside companies when such disclosures are necessary in the course of doing business.

When to Seek Help from Unfair Competition Lawyers

An unfair competition lawyer can help attempt to minimize or recover damages should valuable, confidential information be misused or disclosed in violation of the trade secret holder’s legal rights. Unfair competition lawyers may be able to have a court enjoin a person or company from following through on a threat to disclose or misuse trade secrets. If a trade secret is the subject of litigation, unfair competition lawyers may negotiate protective orders to maintain the confidentiality of valuable, confidential information. In the event a trade secret is misused or exposed to the extent it loses it value, unfair competition lawyers can help seek recovery for the loss.

About the law firm:

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. 

 Klemchuk LLP hosts Culture Counts, a blog devoted to the discussion of law firm culture and corporate core values with frequent topics about positive work environment, conscious capitalism, entrepreneurial management, positive workplace culture, workplace productivity, and corporate core values.