Guide · Intellectual Property
Trade Secrets and Restrictive Covenants: A Comprehensive Guide to Protection, Enforcement, and Defense
18 U.S.C. § 1839
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-10-21
- Topic
- Intellectual Property
This guide covers trade secret protection and restrictive covenants from the program that prevents loss through the litigation that follows one. It begins with the statutory definitions and the reasonable-measures element that decides most cases, then works through what qualifies as a trade secret and what does not, including the recurring customer list question. Misappropriation chapters cover improper means, the express protection for reverse engineering and independent derivation, and the identification-with-particularity requirement that shapes early motion practice. Remedies chapters cover injunctions and the statutory bar on employment prohibitions, the ex parte seizure provision, damages and exemplary damages, and the whistleblower immunity notice whose omission forfeits the best remedies. Covenant chapters treat confidentiality agreements, customer and employee non-solicitation, non-competes and the sharply divergent state approaches to overbreadth, and garden leave. Later chapters cover the departing employee protocol, forensic investigation, hiring from a competitor, protective orders that keep the secret secret during litigation, and a protection program.
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