On July 8, 2014
We regularly advise clients regarding the protection of their trade secrets, and provide counsel regarding risks related to what a competitor may claim are its trade secrets. Our representation includes plans to limit liability for clients who intend to hire employees who have signed confidentiality, trade secret, non-competition or non-solicitation agreements, focusing on what the client (and their potential hire) may or may not do to avoid potential liability.
Of course, some companies use frivolous lawsuits as competitive weapons. They know that filing a suit – whether meritorious or not – has virtually no consequence if it is lost, but can often distract or even debilitate a competitor’s position in the marketplace. We have successfully defended numerous cases where a competitor has claimed that our client has used or disclosed the competitor’s trade secret. Whether through extensive discovery or at trial, we have been able to greatly limit, and in some cases eliminate altogether, specious claims made by competitors regarding what is, and what is not, a trade secret.