Trade Secret Law Specialist
Trade Secret Law Specialist
When your trade secrets are misappropriated, your business must take prompt action to prevent their misuse and obtain the return of such information. To avoid being sued by a business competitor for the same claims, it is important to screen potential new hires that may possess confidential information, particularly those that come from competitors in the same industry.
Your business can be liable if it hires or retains employees that have misappropriated confidential information from their former employer or if the employee uses such confidential information in performing services for your business. In addition, federal law makes it a crime to steal trade secrets, and your company can be held liable if it hires an individual who has stolen trade secrets from its former employer.
Employers are subject to numerous laws and regulations with regard to the application, interview and hiring process. It is important to establish appropriate general hiring procedures, to design a lawful but thorough employment application, and to assess the potential liability that can arise from the prior contractual obligations of a new hire. The Burke Law Firm can help your business during the hiring process by collaborating with you to do the following essential activities:
For employees that desire to work for a new employer, or to start a new business in the same field, The Burke Law Firm can review existing employment and non-disclosure agreements, provide counsel with respect to any intellectual property assignment agreements, advise on which activities might create legal liability under such agreements, and how to lawfully recruit employees and solicit customers.
Proactive hiring policies protect you from lawsuits when you hire a competitor’s employees