Confidentiality and non-disclosure provisions in employment agreements can be a meaningful measure to help companies protect valuable intellectual property, including trade secrets. Such provisions in employment agreements can also be important evidence of measures a trade secret owner employs to protect such important intellectual property. Conversely, the failure to have in place a non-disclosure agreement can create difficult hurdles in asserting a trade secrets claim later on. See, e.g., Mintz v. Mktg. Cohorts, LLC, No. 18-CV-4159, 2019 WL 3337896, at *6 (E.D.N.Y. July 25, 2019) (federal trade secrets misappropriation claim failed because plaintiff “did not require defendants to sign a… Continue Reading Employee Confidentiality Provisions: Overbreadth Can Lead to Under-Protection
Tyler Baker is an associate in the Intellectual Property Practice Group in the firm's New York office.