All businesses have trade secrets. The difference is that some are keenly aware of the importance of their trade secrets, while the majority only become aware when competitors attempt to acquire their client lists or marketing plans, or talk to their employees or copy the way they do business. Technology is changing so swiftly that trade secret protection is, in some cases, the most attractive, effective and readily available intellectual property right. An increasing number of companies are realizing that original confidential information, knowledge and expertise are crucial to maintaining a competitive edge.

At Arochi & Lindner, we assist you by developing and implementing information protection practices that address the risks associated with a global marketplace, precipitate advances in technology and telecommunications, a mobile, highly-skilled work force and networked strategic business relationships. We prepare confidentiality and non-disclosure agreements, as well as assignment agreements with employees, contractors and other parties.

Confidentiality

We draft and negotiate confidentiality agreements to use with vendors and suppliers to protect and preserve trade secret rights in your intellectual property.

Employee agreements

We draft employment agreements to maintain trade secret protection when your employees leave to work for a new employer. Conversely, when a new employee joins your company, we can help structure the terms of employment to try to avoid litigation over trade secret claims from that employee’s former employer.

Trade secrets litigation

We help to prosecute a trade secret claim or defend one and assist clients in seeking protection against the violation of their confidential information or seeking damages derived from their disclosure or unauthorized use.

Trade secrets protection derives from the implementation of sufficient mechanisms to control the flow of information whether it involves only employees or between third parties thinking to begin a joint venture. At Arochi & Lindner we take the protection of such information very seriously.

Our Mexico office has advised clients from different industries redrafting and perfecting agreements and helping them in implementing measures to avoid their illegal disclosure or use. Since trade secret violation is pursued criminally, it is important to have in place agreements that define the scope of the information protected to be able to pursue damages should such confidentiality is transgressed.