Trade secrets are company information that is confidential. Trade secrets are vital to your business, not generally known to the public, not readily ascertainable, and give your organization an advantage over competitors. Trade secrets often include client lists, leads, designs, patterns, information or formulas which competitors do not have access to and which give you an economic advantage in your field.
A growing area in trade secret law in which our firm has expertise is employee mobility law dealing with restrictive covenants, unfair competition, works for hire, non disclosure agreements, non-solicitation agreements, non-competition clauses and the fiduciary duty of employees.
Mavromihalis, Pardalis & Nohavicka, LLP regularly advises businesses on how to maintain good trade secret policy. We work closely with companies to avoid misappropriation of company information from theft of trade secrets and client lists, breach of restrictive covenants, breach of fiduciary duty and unfair competition by a member of the team jumping ship.
Departure planning and the proper formation and protection of the new business entity are critical at this stage. An entrepreneurs move away from their current employer often poses the risk of retribution. Our attorneys are experts in protecting employees who are being dragged into litigation as a retaliatory tactic for leaving their old company.
Recently our firm successfully tried a case on behalf of an employee against her former employer who initiated and would not discontinue litigation with the sole purpose of attempting to prevent her from earning a living in her profession. Our firm’s decision in Eyes of The World v Boci was publicized in The New York Law Journal and in The National Law Journal article WAX THIS!. Below is a series of links providing analysis on this case in various legal news sources.
- The New York Law Journal
- The National Law Journal
- Martin Dale
- New York Employment Lawyer Blog
- Labor & Employment Law Blog
Our firm also represented a financial advisor opening up his own practice in Manhattan. His former employer a very sophisticated and large institution initiated a law suit in New York Supreme Court alleging that this advisor misappropriated company trade secrets, specifically, client lists. The former employer alleged that the advisor was contacting and soliciting the employers clients. The employer could not prove its claim. Additionally the employer did not have an employment contract with its advisor as he refused to execute one initially due to his high demand in the industry. The matter was discontinued by the employer as it could not prove its case.