Human resources and intellectual property are most businesses’ two primary assets. When key employees inadvertently reveal or intentionally steal valuable trade secrets, an employer is immediately faced with a one-two punch that—in extreme cases—can threaten the existence of even the most successful enterprise.
The Trade Secrets Team at Jones Walker helps clients prevent trade secret theft and unfair use of confidential information. Together, our intellectual property lawyers and litigators have created a positive feedback loop of industry best practices. Lessons learned through our internal investigations and courtroom practices are used to refine our work on each subsequent engagement and help clients minimize potential liabilities and maximize the relief available if information is stolen. Over the years, we have developed a complete, customizable library of confidential information/privacy policies, procedures, and training tools that we offer to clients during a trade secret audit.
During these audits, we counsel clients in a broad range of trade secret protection strategies and tactics:
- Identify valuable information and assess whether it’s at-risk
- Discuss information protection strategies with information technology personnel
- Review/draft non-disclosure, confidentiality and other agreements
- Draft non-compete and non-solicitation agreements
- Suggest on-boarding and off-boarding strategies
- Discuss and consider federal and state data privacy laws, including state trade secrets acts, Computer Fraud and Abuse Act, Stored Communications Act, and Wiretap Act and Privacy Act
- Develop and implement computer/email use, social media, and other employee policies
- Coordinate procedures across in-house information technology, legal and human resources departments, as well as third-party vendors
When misappropriation does occur, our experienced litigators—assisted by our in-house trial support team—take rapid action in federal and state courts across the country to stem losses, prevent unauthorized use of proprietary data, and achieve injunctive and monetary relief.
We have developed in-depth knowledge of specific industries and related IP assets, and have represented national and multinational clients in litigation relating to trade secret theft and non-compete agreements in the following sectors:
- Financial services
- Petroleum refining and oil-field services
- Entertainment
- Specialty equipment
- Technology
- Transportation
- Food Services
- Medical Services
- Industrial Safety
- Engineering/Design
- Telecommunications
The firm has invested in numerous highly sophisticated technologies that enable efficient, high-volume document management and e-discovery, detailed database searches, and the development of sophisticated courtroom presentations. In many cases, we can move from a client’s initial call to successfully presenting arguments before a judge within as little as 30 days. We also maintain a national network of expert witnesses, including forensic computer experts, who understand how to describe the results of their complex work in terms that are accessible to judges and juries.
Even under the urgent circumstances that surround the loss of trade secrets, we understand that companies want value first and foremost. We offer clients the best of all worlds—top-quality service at reasonable fees—and have a proven track record helping clients meet their business objectives efficiently.
