Non-Compete and Trade Secrets
In today’s economy, companies face challenges – old and new – relating to the protection of human and intellectual capital. To help companies address these complex and evolving issues, Duane Morris has assembled a dedicated team of lawyers with significant experience in the many intersecting areas of law that fall under the broad headings of “non-compete” agreements and “trade secrets.”
The multi-disciplinary, integrated Duane Morris Non-Compete and Trade Secrets Practice Group draws on experience from:
- Commercial Litigation
- Employment and Employee Benefits and Executive Compensation
- Intellectual Property: Trade Secrets
- Privacy and Data Protection and Cybersecurity
- White-Collar Criminal Defense and Corporate Investigations
- Industry-specific resources
- State-specific resources, with substantial experience representing clients in and navigating the nuances of various states, including the California Trade Secrets team
Our clients benefit from a unique client-centered approach, from a team of lawyers across the U.S. and beyond who are not only well-versed in the core legal issues at play with respect to non-compete agreements, unfair competition, and trade secrets in various states, but who also understand the unique challenges in their clients’ industries.
Restrictive Covenant Drafting and Review
Our team helps clients craft restrictive covenants, including non-competition, non-solicitation, and confidentiality and invention agreements, that are tailored to our clients’ businesses and needs. We craft these agreements with an eye toward maximizing success in the face of evolving and varied state laws that may impact multi-state businesses and personnel.
We counsel our clients on strategies and agreements relating to the separation/exit interview process for departing employees, independent contractors, and consultants to best protect the clients’ investment in their confidential information, trade secrets, and goodwill.
Onboarding and Risk Mitigation
Our team counsels clients on hiring, onboarding, and retaining personnel from competitors, and helps clients evaluate and mitigate legal risks involved in that process.
Injunctions, Declaratory Judgments, and Other Litigation
When a dispute cannot or should not be resolved without court intervention, Duane Morris’ team aggressively prosecutes and defends claims for:
- breach of non-competition, non-solicitation, non-interference, and non-disclosure covenants;
- breach of invention and holdover agreements;
- misappropriation of trade secrets;
- unfair competition;
- employee raiding;
- breach of fiduciary duty;
- tortious interference with contractual and business relationships; and
- violation of the Computer Fraud and Abuse Act and related claims.
Our team, with years of experience in this arena, is well versed in navigating the thorny procedural, legal, and practical business issues that these cases entail.
Trade Secret Audits
Duane Morris helps clients identify, catalog, and assess trade secrets and other knowledge assets through comprehensive audits. After assessing the client’s portfolio of sensitive knowledge assets, technology use, existing agreements, and current policies and practices, Duane Morris offers practical strategies to further protect these critical assets and reduce vulnerabilities.
Duane Morris provides exhaustive due diligence services to help companies understand and evaluate intellectual property, proprietary business processes, and trade secret issues involved in a proposed transaction.
Our team assesses risks and helps ensure that the acquiring company has in place the most effective permissible provisions for protecting confidential information and trade secrets, preventing unfair competition, and retaining key employees.