In a competitive world, your ideas are at risk.
No patent? No problem.
Trade secrets are some of the most valuable intellectual property a company can own, and the fact that they are, by definition, not patentable puts them in jeopardy. In today's competitive global marketplace, it's all too easy for a trade secret to get out –
at enormous financial risk to the owner. High mobility among key employees, contractors and vendors with inside information, and start-ups and spin-offs by former employees can all expose the trade secrets that differentiate a company and its products. Buchanan Ingersoll & Rooney understands this, and we know how to combat it.
Our Intellectual Property Section's Trade Secrets Group works to protect the processes, devices, data compilations, formulas, techniques and business methods that make a client's products and processes function properly.
We know that without your trade secrets, your products lose marketability and profitability. We're experienced in tracking down and setting right incidences of industrial espionage, theft of proprietary research or disregard of nondisclosure agreements.
From prevention through litigation.
Prevention of disclosure is important. Our group works with clients to:
- Identify confidential proprietary information.
- Determine whether information should be protected.
- Audit human resources policies and agreements.
- Develop protocols to monitor and safeguard access to confidential information.
- Prepare enforceable restrictive covenant agreements.
- Counsel management and staff on protective procedures.
- Educate key employees on these subjects.
Sometimes, however, a former employee, competitor or other agent will disclose or misappropriate a trade secret. In that instance, we are fully prepared to protect our clients' interests. Cases involving misappropriation usually involve immediate hearings on temporary restraining orders and preliminary injunctions. In these high-speed situations, our exceptional knowledge in science, technology and engineering is a great advantage. Our technical and legal resources help us to develop effective litigation strategies, which means we're well positioned to win even the most complex case.
Our litigators can handle a broad spectrum of scientific, factual, legal and procedural issues in all state and federal courts. We're prepared to proceed under all federal and state statutes and regulations, the Uniform Trade Secrets Act and state business tort laws. In some cases, the Federal Economic Espionage Act, which provides federal criminal and civil penalties for the misappropriation of trade secrets, may apply, and we can bring these cases to the attention of the United States Justice Department.
We're experienced in handling intellectual property and trade secrets cases in just about any industry, from pharmaceuticals and medical research to securities and banking, computer software and security, and communications. Each industrial sector and each field of technology is different, and each case demands a specific technical focus. Our team's technical skill and litigation experience help our clients stay secure in an uncertain environment.
Restrictive Covenant and Employee Transition Litigation.
Often, companies are faced with the need to protect their customer relationships and customer data, both proactively and when a key employee departs for a competitor. Capable of providing a full range of protection when such needs arise, Buchanan Ingersoll & Rooney has a deep bench of experienced restrictive covenant litigators
ready to assist in employee transition related disputes.