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’ Trade Secrets team regularly assists clients in protecting trade secrets as well as defending against misappropriation claims.  Due to this practice’s multi-faceted nature, Carlton Fields relies on a group accomplished in intellectual property, labor and employment, and litigation.  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
  • Litigating related claims under the Computer Fraud and Abuse Act, Digital Millennium Copyright Act, or Electronic Communications Privacy Act
  • Advising on protection of confidential information during litigation