Unfair Competition and Trade Secrets

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

California is one of the few states in the union that will not enforce covenants not to compete in most employment relationships.  Employers, therefore, face unique challenges to maintain market position, protect confidential information and maintain 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.  And, 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.  Our team speaks with frequency on cutting edge trade secret court decisions in national seminars and are contacted with regularity by the media.  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

We manage matters including bet-the-company cases alleging misappropriation of trade secrets and other proprietary information that frequently intersect with computer forensics, electronic discovery, spoliation or covering up evidence and large quantities of sensitive 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 to minimize the risks of misappropriation and strengthen our clients’ challenges to those that do attempt to compete 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.  And, we are available to conveniently consult with our 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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