For many businesses, the most valuable information is never registered anywhere: formulations and processes, supplier and pricing terms, prescriber and customer relationships, and the know-how of key employees. Trade secret law can protect that information, but only if the business has treated it as confidential. We help clients build practical protections and respond decisively when information is misused.

What we handle

  • Protection programs. We identify what is confidential and put sensible measures in place: confidentiality policies, access controls, and onboarding and exit procedures.

  • Agreements. We draft and review NDAs, employee and contractor agreements, invention assignment provisions, and non-solicitation and non-compete covenants, tailored to what each state will enforce.

  • Departing employees and sales representatives. We advise on hiring from competitors and on employees who leave to join one, including preservation letters, forensic review and demands for the return of information.

  • Misappropriation claims. We bring and defend claims under the federal Defend Trade Secrets Act and state trade secret laws, including temporary restraining orders and preliminary injunctions.

  • Arbitration and settlement. Many employment and commercial agreements require arbitration. We handle trade secret and restrictive covenant disputes in arbitration as well as in court.

State law matters

The enforceability of restrictive covenants varies widely from state to state, and the rules have been changing, particularly for health care employers. We draft agreements and evaluate disputes under the law of the states where our clients operate, including New York, New Jersey, Pennsylvania, Maryland and Michigan.