Trade Secrets and Restrictive Covenants

Practices > Employment
Businesses must be vigilant in protecting the confidential information that gives them a competitive advantage. Employees have a right to change jobs and make a living. Non-disclosure and non-compete agreements must be carefully drafted and used in the proper circumstances to avoid being found illegal or overbroad. Employers must be careful in hiring personnel from a competitor. Employees must be careful not to misuse confidential information when leaving one job for another. California’s public policy favors competition without restraint, but businesses still have the right to protect their proprietary information. These two strong, yet conflicting, policies often collide when an employee leaves one company to join a competitor resulting in allegations of misappropriation of trade secrets, improper solicitation of employees or customers, or unfair competition. We have substantial experience in helping businesses and employees work effectively within this dynamic environment, and in prosecuting and defending claims arising when one party believes its rights have been violated.

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