Trade Secrets / Non-Compete Litigation and Consulting

Trade secrets and other confidential or proprietary information give businesses their competitive edge.  Yet the risk that this increasingly valuable information will be misappropriated  has skyrocketed due to an increasingly mobile work force; the ease with which digital data can be copied, transmitted, and posted; and the growing reliance of businesses on contractors, vendors, consultants, and licensees.

Carlton Fields Jorden Burt’s Trade Secrets/Non-Compete team regularly helps clients protect trade secrets, and also litigates claims regarding breach of restrictive covenants, fiduciary duty, unfair and deceptive trade practices, and  misappropriation.  Due to the multi-faceted nature of this practice, we rely on lawyers with extensive experience in intellectual property, labor and employment, and litigation. 

Today, information is typically misappropriated through electronic means. Our lawyers, who possess deep knowledge and experience regarding e-discovery, and applicable state and federal computer, Internet, and privacy statutes, are well-equipped to assist.

The firm’s services include:

  • Creating policies and procedures to protect trade secrets and confidential information
  • Preparing non-compete agreements, confidentiality agreements, non-solicitation agreements, email and privacy policies, and incentive compensation agreements for corporate employees
  • Advising employers on ways to avoid receiving trade secrets or confidential information when hiring employees from competitors
  • Litigating claims for misappropriation of trade secrets and confidential information, breach of fiduciary duty, raiding of employees, interference with business relationships or contracts, unfair competition, and related business torts
  • Litigating claims to enforce or invalidate covenants not to compete; non-solicitation or confidentiality agreements
  • Performing trade secret and confidential information audits
  • Preparing outsourcing agreements and technology commercialization agreements with appropriate protections for trade secrets, confidential know-how, and other intellectual property
  • Evaluating and litigating related claims under the Computer Fraud and Abuse Act, Digital Millennium Copyright Act, Electronic Communications Privacy Act, and the Economic Espionage Act
  • Advising on protection of confidential information during litigation.