Intellectual Property, Trade Secrets and Non-Compete Agreements
In a competitive global economy, a business’ intellectual property, key employees, customer relationships and business plans and strategies represent critically important assets. Protection of these assets from theft and unfair competition in a world of increasingly mobile employees, thumb drives and remote access is critical to a company’s success.
Our goal is for our business clients to avoid damages such as theft of intellectual property, loss of client lists and trade secrets, and lost sales. We start by first ensuring sufficient contractual agreements are in place before an event occurs. This includes non-compete agreements, non-discl sure agreements and non-solicitation agreements.
When we get involved after a departure or an event, we act quickly to file lawsuits and preserve key evidence, including laptops and mobile devices. We work for business solutions to the problem to determine if that matter can be resolved quickly in a lawsuit. If not, we stand prepared to bring full bore litigation and to seek court orders to stop theft of company information and loss of clients to include preliminary injunctions, temporary restraining orders or a prejudgment remedy.
Identification and protection of evidence are often critical in these cases in the early stages, and especially with regard to electronically stored data from an employee’s work station and remote devices. We work with both forensic accountants and computer forensic experts to marshal the available evidence before it can be destroyed or altered.
We work with forensic experts
Forensic review of employee computers, laptops, and phones is a complex area and
requires an understanding of several different aspects of law and technology.
Regardless of the issue, it is important to involve an attorney early in the process. After
key employees or partners leave a business, it can be difficult to uncover the facts and
determine what happened. Many times, employees will leave behind digital footprints or
traces of wrongful conduct. It is important to understand the types of information
available and how to get it. We work with computer forensic experts in some of these
situations to help gather the critical evidence.
The employee is an agent of the employer and must act in the employer’s interest within the scope of the employee’s duties. As a result, an employee is allowed to prepare to compete against his employer while still employed, but an employee is not permitted under Connecticut law to actually start competing. In many circumstances, actual competition by an employee while still working for an employer is a breach of the duty of loyalty.
Contact the Brewer Law Firm, LLC in South Carolina, for a Free Case Evaluation.
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510 Mill Street, 2B
Mount Pleasant, SC 29464
PO Box 1847
Mount Pleasant, SC, 29465
Serving the State of South Carolina