Trade Secrets and Restrictive Covenants
Trade Secrets and Restrictive Covenants
We help businesses protect their assets by providing guidance on trade secret protection and implementing gatekeeper policies and protective measures.
Trade secrets are often a company’s most valuable asset, and the impact of stolen information can weaken a company’s bottom line.  Trade secret theft can result in loss of competitive advantage, reduced returns and profitability, and devaluation of goodwill.  New technologies and increased employee mobility in today’s global economy present mounting challenges to protect confidential information that can be critical to a business’s success.  Our team assists clients in protecting their valuable information and aggressively defend our clients against related allegations.  We also regularly conduct internal investigations for clients in response to misappropriation allegations, navigating complex issues of employment and technology.

Our practice comprises an interdisciplinary team that draws upon the strengths of our Litigation, Intellectual Property, Labor and Employment, and Privacy and Information Security practices.  We have decades of experience providing guidance on trade secret protection, implementing gatekeeper policies and protective measures, and handling trade secret disputes for a diverse set of clients.

We represent clients in state and federal courts throughout the country in a wide range of disputes concerning confidential information.  Our lawyers have broad experience both asserting and defending cases involving misappropriation of trade secrets, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, state criminal codes, restrictive covenants, employee raiding, customer raiding, and departures of key employees.
 

Trade Secret Protection

Effective trade secret protection is the key to preventing unfair competition.  Our attorneys have extensive experience assisting clients in developing an effective trade secret protection program to minimize risks against the loss of confidential information, to deter employees from competing unfairly, and to ensure our client’s ability to overcome related allegations.  Our counsel includes:
 
  • Drafting non-competition agreements, non-disclosure agreements, assignment of invention agreements and similar documents

  • Preparing executive and individual employment contracts

  • Consulting on electronic information retention and security policies

  • Training employees on policies regarding confidential information, non-competes and other protective measures

  • Advise on the enforceability of noncompetition and non-solicitation agreements

  • Advise on employment contract disputes and recruitment issues
 

Restrictive Covenants Litigation

In today’s heightened market of employee mobility, we help clients minimize the risk for both hiring people from competitors while at the same time, protecting company information when talent leaves.  Our team has a successful track record in obtaining emergency remedies on behalf of clients to solve these problems efficiently and effectively while minimizing business disruption.  Attorneys represent clients in state and federal courts throughout the country in a wide range of disputes concerning confidential information.  Our lawyers have broad experience both asserting and defending cases involving misappropriation of trade secrets, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, state criminal codes, restrictive covenants, employee raiding, customer raiding, and departures of key employees.  Our trial-tested attorneys represent clients with injunctions and assist clients to obtain temporary restraining orders to ensure that confidential information is not disclosed and remains protected.
 

Patent Protection

Attorneys in our patent group work to assure that our clients make well-informed legal decisions about trade secret protection and patent protection.  We regularly counsel clients in a variety of technical fields on the procurement of intellectual property rights, portfolio development and licensing to ensure that our clients’ technology and business is safeguarded.
 
 
 

Overview

We help businesses protect their assets by providing guidance on trade secret protection and implementing gatekeeper policies and protective measures.
Trade secrets are often a company’s most valuable asset, and the impact of stolen information can weaken a company’s bottom line.  Trade secret theft can result in loss of competitive advantage, reduced returns and profitability, and devaluation of goodwill.  New technologies and increased employee mobility in today’s global economy present mounting challenges to protect confidential information that can be critical to a business’s success.  Our team assists clients in protecting their valuable information and aggressively defend our clients against related allegations.  We also regularly conduct internal investigations for clients in response to misappropriation allegations, navigating complex issues of employment and technology.

Our practice comprises an interdisciplinary team that draws upon the strengths of our Litigation, Intellectual Property, Labor and Employment, and Privacy and Information Security practices.  We have decades of experience providing guidance on trade secret protection, implementing gatekeeper policies and protective measures, and handling trade secret disputes for a diverse set of clients.

We represent clients in state and federal courts throughout the country in a wide range of disputes concerning confidential information.  Our lawyers have broad experience both asserting and defending cases involving misappropriation of trade secrets, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, state criminal codes, restrictive covenants, employee raiding, customer raiding, and departures of key employees.
 

Trade Secret Protection

Effective trade secret protection is the key to preventing unfair competition.  Our attorneys have extensive experience assisting clients in developing an effective trade secret protection program to minimize risks against the loss of confidential information, to deter employees from competing unfairly, and to ensure our client’s ability to overcome related allegations.  Our counsel includes:
 
  • Drafting non-competition agreements, non-disclosure agreements, assignment of invention agreements and similar documents

  • Preparing executive and individual employment contracts

  • Consulting on electronic information retention and security policies

  • Training employees on policies regarding confidential information, non-competes and other protective measures

  • Advise on the enforceability of noncompetition and non-solicitation agreements

  • Advise on employment contract disputes and recruitment issues
 

Restrictive Covenants Litigation

In today’s heightened market of employee mobility, we help clients minimize the risk for both hiring people from competitors while at the same time, protecting company information when talent leaves.  Our team has a successful track record in obtaining emergency remedies on behalf of clients to solve these problems efficiently and effectively while minimizing business disruption.  Attorneys represent clients in state and federal courts throughout the country in a wide range of disputes concerning confidential information.  Our lawyers have broad experience both asserting and defending cases involving misappropriation of trade secrets, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, state criminal codes, restrictive covenants, employee raiding, customer raiding, and departures of key employees.  Our trial-tested attorneys represent clients with injunctions and assist clients to obtain temporary restraining orders to ensure that confidential information is not disclosed and remains protected.
 

Patent Protection

Attorneys in our patent group work to assure that our clients make well-informed legal decisions about trade secret protection and patent protection.  We regularly counsel clients in a variety of technical fields on the procurement of intellectual property rights, portfolio development and licensing to ensure that our clients’ technology and business is safeguarded.
 
Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel is a nationally recognized advocate for employers across industries and chairs the firm’s Labor and Employment practice.  He has a long track record of winning judgments and ...
Partner
Email (212) 808-7965(212) 808-7965
Rob Steiner is the managing partner of Kelley Drye’s New York office.  A proven litigator and trial attorney with over two decades of experience in complex business litigation, Rob has h...
Partner
Email (212) 808-7985(212) 808-7985
David Zalman’s practice involves commercial and complex civil litigation, including class action defense, contract disputes, unfair competition, false advertising, real estate disputes, corpo...
Partner
Email (212) 808-7825(212) 808-7825
Blythe Lovinger partners with employers across sectors to develop and implement legally compliant business solutions for all workplace challenges.  Clients appreciate Blythe’s ability to...
Special Counsel
Email (973) 503-5924(973) 503-5924
Vincent Rao is special counsel in the firm’s Parsippany office.  His practice focuses on commercial litigation, consumer-oriented class action defense, intellectual property protection a...

Publications

05/13/2016 | Client Advisories
Kelley Drye Client Advisory
05/04/2016 | Client Advisories
Kelley Drye Client Advisory
04/04/2016 | Client Advisories
Kelley Drye Client Advisory