Trade secret protection is a valuable, yet often overlooked, mechanism to protect information and ideas used in a business that may confer an advantage over competitors.  In some cases, trade secrets offer advantages over other forms of intellectual property (IP), for example, a potentially infinite term and the avoidance of disclosure, as required to obtain a patent.  These advantages must be balanced against risks like independent discovery or reverse engineering by others, two perfectly legal actions, or loss of protection through improper handling of the trade secret.  Our experienced attorneys have counseled clients through these considerations and guided them in the choice of the proper protection.

 

For clients who have decided to maintain information as a trade secret, RatnerPrestia attorneys have assisted in establishing procedures to monitor the trade secrets and to ensure reasonable measures are taken to preserve the secrecy of the trade secrets.  Often these procedures include employment agreements which may include confidentiality terms and covenants not to compete and non-disclosure (or confidentiality) agreements memorializing obligations of confidentiality when circumstances dictate sharing confidential information with third parties.

 

While the initial focus is on prophylactic measures and counseling, litigation is sometimes necessary to protect our clients' trade secrets. Toward that end, our trial lawyers can draw on cumulative experience in courts throughout the United States. In addition, our trade secrets lawyers stay current on this unique area of IP practice by constantly surveying legal developments in the field.