Dallas, Texas trade secret attorney Keith Clouse helps companies protect their trade secrets. He provides advice on the steps a company should take to protect its confidential information and to put itself in a better position should litigation become inevitable. Entering into employment agreements with a company’s key employees is one way to accomplish both goals.
Not every employee should be subject to an employment agreement, but employees who have access to critical company data and who have the ability to compete with the company in a meaningful way probably should. These agreements should contain noncompete clauses and nondisclosure provisions.
These agreements themselves may stop employees from taking and using a company’s trade secrets. Reminding a departing employee of his obligations under an employment agreement may be all that is necessary to ward off trade secret theft. If not, however, simply having an agreement may make it easier for the company to establish its case. Proving a breach of contract case may be simpler than proving that the employee took or used the company’s trade secrets. Also, the employment agreement itself will serve as evidence that the employer took reasonable measures to protect its valuable information from disclosure, a factor important in any trade secret theft matter.
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.3833 ( fax)