Unfair Competition and Trade Secrets

Protecting Secrets: CA Counsel on Trade Secrets and Covenants Not To Compete

California is one of the only states in the union that will not enforce covenants not to compete in most employment relationships.  This presents unique challenges to employers attempting to maintain market position, protect confidential information and create a steady workforce.

Indeed, in a time of economic challenge, enterprising employees may see an advantage to attempting to set up a competing business based on knowledge learned from, and to the detriment of, their present employer.  In any economic climate, employers seek to hire the top talent from competitors.

CDF has built a reputation within employment law for its in-depth knowledge of trade secret issues.  We regularly prosecute and defend employers and employees, across a variety of industries, in state and federal courts. We conduct litigation and counsel employers in all areas related to confidentiality and competition including:

  • Covenants Not To Compete
  • Non-Solicitation Agreements
  • Non-Disclosure Agreements
  • Confidentiality Agreements
  • Unfair Competition

The range of matters we manage include claims alleging trade secrets and other proprietary information and materials have been misappropriated, employees improperly solicited, and that such actions have caused damages to the former employers.  These cases often involve computer forensics, electronic discovery and a large volume of documents and data. 

Proactive and Convenient Counsel to Keep Secrets Safe

Intrinsic to CDF’s counsel is how we position clients to proactively minimize litigation risks and costs. 

We help clients ensure that they have enforceable employment and confidentiality agreements, policies and procedures that do not violate California’s public policies.  In addition, CDF attorneys create policies and practices that minimize the risks of misappropriation and strengthen our clients’ challenges to those that do attempt to compete against them unfairly.

During the recruitment and/or hiring process, we create structures and practices that prevent clients from mistakenly taking on unnecessary additional risks in this rapidly evolving area.

Prompt action is often required in these matters and experienced trade secret lawyers are resident in every CDF office.  We can conveniently consult with clients at their office locations to maximize resources.

For more information about the services that CDF can provide, please contact Dan M. Forman, Chair, Unfair Competition and Trade Secret Practice Group.

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Call CDF today to learn how we can help protect your company with preventative measures to avoid litigation or how we can protect your company in a threatened or active litigation matter.

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