We provide trade secret law counseling, advice and guidance for all manner of clients in any stage of the business cycle. That includes startups, established companies, individuals and investor groups (venture capital, private equity, individual investors, or corporate acquisitions). Each type of client needs different but important guidance on protecting trade secrets and confidential information.
Implementing comprehensive and sound trade secret protection policies is especially critical for new and emerging companies. Early launch is an exciting time for new business enterprises, but an early investment in a trade secret consultation is key to securing the company’s intellectual property and trade secrets (by ensuring that all rights have been assigned to the business enterprise, and by putting in place protocols to safeguard the startup’s animating ideas).
It is also important to get trade secret advice and counseling during the early stages to mitigate the business risks that surround intellectual property matters. As new startups recruit and and attract much-needed talent, the enterprise needs guidance on how to avoid claims that your new employees or partners have violated restrictive covenants, or claims for theft of trade secrets, breach of fiduciary duty or the duty of loyalty, and unfair competition.
We offer guidance to mature firms on trade secret protection issues, potential disclosures by their business partners or by current or departing employees, and lawful means of hiring talent from other companies to avoid claims of misappropriation and to minimize potential damages in the event of a litigated claim.
Established businesses also frequently need a trade secret audit to update their stable of trade secrets, to update and review the policies and protocols in place to protect such trade secrets and confidential business information, and to review employee and vendor access to such valuable information.
We also help out clients address concerns over employee raiding practices by a competitor when there have been unusual employee losses or defections. These concerns may lead to claims against a rival for unfair competition or other unlawful practices. Your company’s executives and current employees place great value on in-house training to increase their understanding of the current state of trade secret and innovation law. Regular training on these matters is increasingly important to emphasize the value of trade secrets to the business enterprise, to protect the company's own intellectual property and to reduce the risk of misusing the confidential information of other companies, individuals, or third parties.
An entrepreneur's departure from his or her current employer to create a new venture raises several potential risks to the new venture and to the departing employee. Careful attention to the timing of one's departure and the formation of a new company helps reduce these risks. Innova Legal provides practical advice on these and other related issues.
Investors hoping to capitalize on an investment or acquisition frequently pin their hopes on the venture’s intellectual property and trade secrets. Michael Burke helps investors evaluate the trade secret, knowledge management systems, employee mobility, or other intellectual property risks present in any prospective financing, investment or acquisition.