IP Trade Secrets

Protecting trade secrets is often of the highest priority for companies in today’s global market due to an increase in collaborations and business partnerships, advances in technology, and increased mobility of employees and vendors. The potential benefits and risk exposure with respect to trade secret protection cannot be overstated.

A variety of legal and business considerations will affect how a company decides to protect its valuable information, but choosing inadequate protective measures or failing to properly protect company trade secrets may have dire, often irreversible, consequences.

Blank Rome represents both plaintiffs and defendants, including Fortune 500 companies, in high-stakes trade secret, unfair competition, breach of contract, and breach-of-confidence disputes. We have substantial experience counseling clients through numerous business and legal decisions and the nuances in U.S. law in different states relating to trade secret protection. Our attorneys:

  • counsel companies on best practices for contractually protecting trade secrets and other intellectual property internally and in collaborations (through employee agreements, NDAs, and collaboration agreements);
  • screen company materials prior to dissemination and security (access and control of information);
  • develop trade secret protection programs and practical compliance checklists for companies of all sizes; and
  • provide training programs for clients and their employees, including the development of training materials and compliance manuals and procedures.

Our attorneys recognize that the key to trade secret protection is to implement gatekeeper policies and protective measures that best suit the subject matter and business goals of the company. For example, a company must often choose between protecting an invention by filing for a patent or maintaining it as a trade secret. The passage of the Leahy-Smith America Invents Act (“AIA”) further complicates this decision because a trade secret owner may now, under certain conditions, use a trade secret as a defense to claims of patent infringement.