Trade secrets: a clear line sometimes, sometimes not clear | Tarantino Law Firm, LLP

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Commercial managers in New York companies of nearly all sizes and types spend a great deal of time trying to effectively identify and deal with business risks.

These seemingly challenging challenges can span an infinite series of possibilities. There are always new and more powerful competitors to compete with. Market trends and facts are constantly evolving. Finance related finances, material costs, and pricing are always top-tier concerns. Clients can be fickle. Contract disputes and litigation arise periodically.

Then there are the employees, of course. The relationship between management and the worker is dynamic, interdependent and complex. Both sides of the equation must work in concert to ensure a mutually beneficial goal, but conflict also arises from time to time.

Discord can loom especially in select instances of employee leaving. In such cases, the employment contract can take center stage. We note on our New York Tarantino Law Firm website that companies sometimes enforce agreements that “limit what an employee can do after he leaves the company.”

Sometimes includes stressful limitations Trade secrets. Employees who leave one company and take up new positions elsewhere often argue that their former employers define trade secrets extensively and seek to limit their benefits in the future.

Ex-managers often argue that what the previous worker left with (for example, files, documents, processes, formulas, software applications, or other assets) contained valuable and heavily guarded company property. Legions of trade secrets cases have led to court decisions that assets taken from a company are unequivocally property and worthy of protection.

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