Some forms of intellectual property (IP) have value because they are kept secret from competing businesses. Trade secret protection provides an alternative mechanism to protect the information and ideas that confer an advantage over competitors. Trade secret protection can offer special advantages, such as a potentially infinite term of protection and the avoidance of disclosure, which are not possible with other forms of IP protection. These advantages must be balanced against risks like independent discovery, reverse engineering by competitors, or loss of protection through improper handling of the trade secret. RatnerPrestia’s experienced attorneys have counseled clients through these considerations and guided them to make the best choices for IP protection.

Specifically, our services in this area, include preparing, critiquing, and litigating (including related counseling) with respect to:

• Employment Agreements and Employee Obligations
• Consulting Agreements
• Covenants Not To Compete
• Non-Disclosure Agreements

In each case, fact-specific circumstances often dictate fact-specific advice. One size fits all agreements are rarely found to be optimum.

Though our initial focus is on protecting trades secrets through prophylactic measures and counseling, RatnerPrestia’s attorneys know that litigation is sometimes necessary to protect our clients’ trade secrets. In the event of a litigation, our trial lawyers draw on cumulative experience enforcing intellectual property rights 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. Through effective counseling and experience, we help our clients employ trade secret protection as part of a comprehensive IP strategy to maximize value and competitive advantage.

Click here for a list of frequently asked questions regarding trade secrets.