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Trade Secrets › Confidentiality Agreements

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Littler

Third Circuit: Absent Hacking, Violating Employer’s Computer-Use Policy Cannot Support a Claim Under the Computer Fraud and Abuse...

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On August 26, 2025, in NRA Group, LLC v. Durenleau et al., the U.S. Court of Appeals for the Third Circuit addressed an issue of first impression: whether violating an employer’s computer-use policy creates a claim under the...more

Orrick, Herrington & Sutcliffe LLP

German Court Rejects Protection for Employer Despite Data Theft: Why Precision in Contract Language Matters for Protecting Trade...

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An employee disclosed trade secrets, yet the employer’s request for injunctive relief was denied because the confidentiality clause in the employment contract was invalid. The German Federal Labor Court (BAG) held that the...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | How Employers Can Protect Intellectual Property with Bryan Baysinger of Maynard...

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Hosts Tina and Jennie welcome their colleague Bryan Baysinger, head of Maynard Nexsen’s Intellectual Property practice group, to discuss how employers can protect their IP in the modern workplace. From remote work and...more

Foley & Lardner LLP

Protecting Trade Secrets and Confidential Information in Global Supply Chains: Legal Strategies for Manufacturers

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In the era of globalization, companies are increasingly reliant on complex international supply chains to design, manufacture, and distribute their products. These extended partnerships—with contract manufacturers, component...more

Morgan Lewis - Tech & Sourcing

Residuals Clauses vs. Feedback Licenses – Getting the Balance Right in IP Agreements

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Clauses dealing with intellectual property (IP) rights in commercial agreements can present nuanced challenges, particularly when they relate to information exchange. Two such clauses that often surface in technology...more

Fenwick & West LLP

Key Takeaways: Tips for Navigating Trade Secret Misappropriation

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In today's interconnected business environment, protecting trade secrets has become increasingly complex. Companies must navigate threats ranging from employee misconduct to sophisticated nation-state schemes while...more

Proskauer - Trade Secrets

Massive $604.9 Million Verdict in Landmark Trade Secret Case

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A California state jury awarded Propel Fuels, Inc. $604.9 million in damages after finding Phillips 66 Company liable for trade secret misappropriation. Propel Fuels, Inc. v. Phillips 66 Co., Case No. 22CV007197 (Cal. Oct....more

Ward and Smith, P.A.

Your Most Valuable Business Asset Might Not Be What You Think: Trade Secrets for NC Business Owners

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For North Carolina businesses, from small manufacturing companies in the Triad to growing tech firms in the Research Triangle, understanding trade secrets has never been more critical. Recent court decisions have shown just...more

Littler

The (Less-Than-Golden) State of Confidentiality Provisions in California

Littler on

It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

Ervin Cohen & Jessup LLP

Contemporaneous Onboarding Documents May Invalidate An Employer’s “Squeaky Clean” Arbitration Agreement

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Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more

Venable LLP

Intellectual Property Due Diligence "Red Flags"

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Conn Maciel Carey LLP

Best Practices to Safeguard Your Company’s Trade Secrets — Case Study

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The number one risk for trade secrets exfiltration is from insider threats—employees, contractors, or even executives with access to sensitive information who either intentionally or accidentally compromise it. Sometimes it’s...more

Ward and Smith, P.A.

Preventing Trade Secret Theft: Proactive Strategies for In-House Counsel

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Ed. Note: This is the last in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,...more

Fisher Phillips

Protecting Trade Secrets in the Life Sciences Industry: 8 Steps to Prevent Corporate Espionage and Theft

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Protecting trade secrets in any business is critical, but the stakes are higher in life sciences. Given the high focus on innovation in the industry, corporate espionage can result in devastating financial and reputational...more

Potomac Law Group, PLLC

Three Tips for Your Company's Form Agreements

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What’s missing from your company’s form agreements? Using form agreements allows companies to achieve efficiencies, consistency, and preferred contract language, but reliance on the standard terms that have become routine in...more

Conn Maciel Carey LLP

[Webinar] Trade Secrets and Restrictive Covenants: Practical Advice to Safeguard Your Company’s Critical Assets - April 10th,...

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The protection of trade secrets and confidential information is critical to the success of many organizations. Employers must remain vigilant against the growing risk of sensitive information being compromised, especially...more

Parker Poe Adams & Bernstein LLP

Customer Non-Solicitation Restrictions Face Increasing Scrutiny

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When considering whether to place employees under post-employment restrictive covenants, employers often consider including customer non-solicitation provisions in addition to or as an alternative to the traditional...more

Fisher Phillips

Now May be the Time to Ask Whether Your Non-Profit’s Top Executive Should Have a Contract – 5 Key Considerations

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In a time where headlines are dominated with executive orders and political shake-ups, non-profit boards cannot afford to be distracted from leadership decisions that matter most. Your CEO plays a pivotal role in guiding your...more

McGuireWoods LLP

Trade Secrets: What You Should Know From 2024 to Prepare for 2025

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Summary - Trade secrets remain crucial to companies around the world, preserving their most sensitive and valuable information. From energy to healthcare to agriculture, companies in every industry seek to better develop,...more

Seyfarth Shaw LLP

Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete Alternative

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The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just...more

Jackson Lewis P.C.

Insider Threats: The Overlooked Risks of Departing Employees and Sensitive Data Theft

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Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive...more

Farella Braun + Martel LLP

FAQs: Wine Industry Intellectual Property Protection

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For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more

Pillsbury - Propel

Maximizing Intellectual Property Protection: Balancing Patents and Trade Secrets for Startups

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Founders and their startups are typically at the forefront of ever-evolving fields, from space exploration and satellites to life-saving medical devices and medicines. Safeguarding intellectual property is critical for...more

Foley & Lardner LLP

Putting the Uniformity Back in the Uniform Trade Secrets Act: Sixth Circuit Rules Breach of Contract Claims Can Still Be Used to...

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Trade secrets are the lifeblood of any business. Across industries and states, companies safeguard a wealth of critical information that provides a competitive edge. Perhaps the most famous example is Coca-Cola’s secret...more

Dorsey & Whitney LLP

A Helpful Reminder of Utilizing a TRO to Keep the Trade Secret ‘Genie in the Bottle’

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A temporary restraining order (“TRO”) followed by a preliminary injunction is often essential for a company to maintain the trade secrets status of its information that is being misappropriated. Typically, once the...more

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