Trade Secrets & Employee Mobility

Gray Line

Proprietary information may be one of your business’s most valued assets. We’ll help you protect it.

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Cradle to Grave Protection of Your Intellectual Property

We will help protect your business’s proprietary information on the front end and if it just walked out the door with one of your most valued employees or business partners. When it comes to protecting intellectual property, planning, preparedness, and execution gets things done.

We provide expert advice and counsel. If things go sideways, we are highly experienced and effective litigators. From representing Fortune 500 companies to smaller businesses, we identify client goals, chart the shortest path to success, and then execute to secure company trade secrets or defend against asserted claims. Our services include:

Employer Counseling

We provide in-depth employee counseling, and can help implement proprietary information protection plans, agreements, policies, and best practices. Boutin Jones can also assist with:

  • Implement proprietary information protection plans, agreements, policies, and best practices—we help you do it right so that you are not up at night.
  • Employee onboarding and exit planning—getting it right in the beginning and end helps reduce your legal spend.
  • Executive onboarding planning and risk mitigation—we help prevent your biggest spends on human capital from turning into your biggest spends on litigation.
  • Draft and interpret restrictive covenants in employer/employee agreements, whether for use in California or throughout the United States

Business Transactions

  • We help identify and protect intellectual property as part of business due diligence
  • We help draft, interpret, defend, and invalidate restrictive covenants (non-competition and non-solicitation provisions) associated with the purchase and sale of businesses and/or shareholder interests
  • We draft and interpret business-to-business restrictive covenants to support compliance with non-competition and anti-trust laws while furthering business interests

Litigation

Boutin Jones' litigators are experts in the following areas:

  • Trade secrets
  • Computer fraud and unauthorized computer access
  • Business torts
  • Employee and executive breach of fiduciary duty and duty of loyalty
  • Unfair competition
  • Coordination of civil litigation with criminal investigations and prosecution of data theft

With experience in computer forensics, data preservation, data inspection, and relevant elements and burdens of proof in state and federal court, you can rely on our expertise.