Protecting Trade Secrets From Employee Misappropriation
Legal Strategies to Safeguard Confidential Business Assets
Recording of a 90-minute CLE webinar with Q&A
This seminar will explain steps companies should take to protect their trade secrets from misappropriation by departing employees and will provide strategies for dealing with a departing employee suspected of stealing confidential business information.
- What constitutes a “trade secret”—codes and recent case law
- Is the information extensively known outside the company?
- How many employees of the company know the information?
- What measures has the company taken to safeguard the information?
- How valuable is the information to the company and its competitors?
- What resources did the company expend in developing the information?
- How easily could the information be acquired or duplicated by others?
- How can employers protect themselves from employee misappropriation?
- Develop written policies regarding the confidentiality of trade secrets
- Use non-compete and confidentiality agreements where permitted
- Clearly define company trade secrets
- Keep accurate and current records of trade secrets
- Limit access to proprietary information to “need to know” employees
- Use passwords for electronic information and locks for physical information
- Key indicators that an employee may be secretly planning to depart
- Best practices for dealing with a departing employee to avoid trade secret misappropriation
- Request that employees return all company-issued documents at termination
- Use exit interviews to remind employees of trade secret policies
- Terminate all electronic or other access to facilities and computer
- Do not immediately reassign electronic equipment to new employees
- Save employee’s hard drive or folders and email box
- Trade secret litigation
- Fact gathering after the employee is gone
- Cease and desist letters
- The race to the courthouse
- Potential claims
- The inevitable disclosure doctrine
The panel will review these and other key questions:
- What factors do the courts consider in determining whether confidential information constitutes a "trade secret?"
- What are the steps for employers to follow to reinforce the confidentiality of company information with employees?
- What are the best methods for employers to prevent former employees from taking advantage of competitive and confidential insider knowledge?
- How should employers deal with departing employees who are suspected of misappropriating trade secrets?
Peter L. Altieri
Epstein Becker & Green
He focuses on complex commercial litigation, trade secrets and employment-related litigation. He has brought and... | Read More
He focuses on complex commercial litigation, trade secrets and employment-related litigation. He has brought and defended actions on behalf of employers on trade secrets and noncompete agreements.Close
Gibson Dunn & Crutcher
She represents corporate clients in connection with trade secret litigation, restrictive covenants, wage and hour and... | Read More
She represents corporate clients in connection with trade secret litigation, restrictive covenants, wage and hour and Title VII class actions. She is a recent recipient of the Denver Business Journal's "40 Under 40" Award.Close
Peter A. Steinmeyer
Epstein Becker & Green
He is Co-Chair of the firm's Non-Competes, Unfair Competition and Trade Secrets Practice Group, and practices all... | Read More
He is Co-Chair of the firm's Non-Competes, Unfair Competition and Trade Secrets Practice Group, and practices all aspects of labor and employment law. He regularly teaches seminars and gives speeches on a broad range of issues involving the workplace, and has been quoted in The Wall Street Journal, The Chicago Tribune, and other publications.Close
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