Companies face challenges—old and new—relating to the protection of their investments in their workforce and intellectual property. Duane Morris’ Trade Secrets and Non-Compete Group draws on experience from a range of legal areas—commercial litigation, employment law, intellectual property, cybersecurity and privacy law, and white-collar defense and corporate investigations—to help companies navigate these multifaceted issues across the U.S. and around the world.
Our team is not only well-versed in the core legal and strategic issues at play with respect to restrictive covenants, unfair competition and trade secrets issues—we also understand the unique challenges in our clients’ respective industries.
Range of Services
Restrictive Covenant Counseling, Drafting and Review
Our team helps clients craft restrictive covenants, including noncompetition and nonsolicitation covenants, and confidentiality and invention agreements, that are tailored to our clients’ businesses and specific needs. We craft these agreements with an eye toward maximizing success in the face of evolving and varied state and federal laws that may impact multistate businesses and personnel.
Personnel Onboarding & Exit Counseling, 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.
We counsel our clients on strategies and agreements relating to the separation and exit interview process for departing personnel to best protect the clients’ investment in their confidential information, trade secrets and goodwill.
Cease and Desist Letters
We craft and respond to cease and desist letters related to the use or disclosure of confidential information, misappropriation of trade secrets, breach of noncompete and nonsolicitation agreements and other restrictive covenants as well as other related claims.
Temporary Restraining Orders, 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:
- Misappropriation of trade secrets (under the Defend Trade Secrets Act, Uniform Trade Secrets Act and other laws)
- Breach of confidentiality and nondisclosure agreements and theft of confidential information
- Breach of noncompetition agreements
- Breach of nonsolicitation and noninterference agreements
- Unfair competition
- Employee raiding
- Breach of fiduciary duty and the employee duty of loyalty
- Tortious interference with contractual and business relationships
- Violation of the Computer Fraud and Abuse Act and related claims
We have decades of experience litigating these matters across the country and around the globe. Our team is well-versed in navigating the thorny procedural, legal and practical business issues that these cases entail.
White-Collar Criminal Defense & Corporate Investigations
Alleged theft of intellectual property may involve potential criminal implications—whether presenting appropriate cases of trade secret theft or corporate espionage to authorities, or defending against such claims—that require the experience of our White-Collar Criminal Defense and Corporate Investigations Group.
Forensics
We work with third-party forensic firms to preserve electronically stored information and conduct digital forensic investigations of electronic data and its use and disclosure.
M&A and Due Diligence
Our team supports M&A activity, including:
- Drafting and negotiating seller and employee restrictive covenants related M&A transactions;
- Providing exhaustive due diligence services to help companies understand and evaluate the intellectual property and trade secret issues involved in a proposed transaction; and
- Assessing risks related to—and ensuring that the acquiring company has in place the most effective permissible provisions for—protecting confidential information and trade secrets, protecting customer relationships, preventing unfair competition and retaining key employees.
Trade Secret Audits
Our team helps clients identify 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.
For Additional Information
For more information, please contact Sharon L. Caffrey, Stephen H. Sutro, Lawrence H. Pockers, Shannon Hampton Sutherland or any of the practice members referenced in the Attorney Listing.