Trade secrets are essential to many companies, providing them with unique advantages in a competitive business environment. Whether they are pricing schemes, business plans, or production shortcuts, protecting trade secrets is crucial to maintaining a company’s success. However, protecting these trade secrets can be challenging, particularly when key employees leave for a competitor. This article explores the potential risks of trade secret theft and the legal and preventive measures that companies can take to mitigate them.
Importance of Trade Secrets for Companies
Trade secrets are a vital asset for many companies, providing them with a competitive advantage. These can include anything from customer data to manufacturing processes, marketing strategies, and new product plans. Trade secrets give companies a unique edge over their competitors, allowing them to achieve higher profit margins and increased market share.
Key Employees and the Risk of Trade Secret Theft
The risks to trade secrets increase when key employees leave a company and join a competitor. Competitors can use these trade secrets to gain an advantage, causing significant financial harm to the original company. These key employees often have access to sensitive information and can easily share it with a competitor.
Noncompetition agreements and nondisclosure agreements are effective ways for companies to protect their trade secrets. Noncompetition agreements are contracts prohibiting a former employee from working for a competitor for a specified period after leaving the original company. Nondisclosure agreements, on the other hand, prohibit former employees from disclosing or using the company’s proprietary information even after they have left the company.
Legal Recourse for Trade Secret Theft
If a competitor gains access to a company’s trade secrets, the original company can seek legal recourse. The legal process will involve filing a lawsuit and alleging breach of contract, wrongful interference with a contract, theft of trade secrets, or other similar claims. A court can grant various remedies and damages, including a permanent injunction, monetary compensation, or even criminal charges.
Case Study: Lawsuit Filed by Direct Biologics Against Former Executive Adam McQueen
Adam McQueen was a former executive at Direct Biologics, a company that specializes in regenerative medical products. After leaving Direct Biologics, he joined competitor Vivex Biologics. Direct Biologics filed a lawsuit against McQueen, alleging that he shared the company’s trade secrets with his new employer, which led to a temporary restraining order (TRO) against him.
To prevent trade secret theft, it is essential to remind departing employees of any covenants they have agreed to in their contracts, such as non-competition or non-disclosure agreements. This reminder can help deter any attempt to share sensitive information with a competitor.
Companies can also use forensic analysis to ensure that no departing employee has shared confidential information with a competitor. Forensic analysts can image a departing employee’s hard drive and analyze their communications, including emails, messages, or cloud storage, to ensure that no information has been shared.
Taking Action and Seeking Legal Counsel
If a company’s trade secrets have been compromised, it is essential to take legal action and seek counsel from an experienced attorney. With their expert guidance, a company can pursue legal recourse and minimize the harm caused by the theft of their trade secrets.
Companies must also consider any existing covenants that an individual may have with their current employer before hiring them. Identifying these covenants can help the new company ensure that they do not participate in any illegal or unethical activities, such as engaging in questionable recruiting practices.
Trade secrets play a vital role in a company’s success and should be protected with utmost care. Companies can take preventive measures such as non-competition agreements and non-disclosure agreements to limit the risks of trade secret theft. Additionally, it is crucial to take swift legal action if a competitor gains access to trade secrets. With sufficient legal and preventative strategies in place, companies can continue to safeguard their trade secrets and maintain their competitive advantages in the market.
