Knowledge At Risk?React to Save Value.
Every business needs to know what to do when its knowledge walks out the door. It must react when any of its key business information leaves with an individual who is no longer employed by the business.
Anything that accrues business value by virtue of its being confidential business information may fall within the purview of trade secrets law. If that information is disclosed to others, taken, copied, used, or even destroyed, your business could experience immediate and long-lasting loss.
Electronic media, including various recording and copying technologies, are ubiquitous today. So-called "cyber-theft" and unethical practices are on the rise. Former employees may leave an employer with key information on proprietary processes or services, customer lists, pricing, even business performance and financials. Employers must then seek the return of that data, or its destruction. At the same time, delicate matters of privacy rights and the various statutes relating to privacy protection for certain personal information come into play. Electronic discovery and forensic analysis may be necessary.
Davis McGrath is experienced in all of these areas and has litigated cases under the Uniform Trade Secrets Act. We have been involved in negotiating disputes and litigating matters relating to employment agreements, confidentiality agreements, restrictive covenants, and non-solicitation covenants.