As companies have become more dependent on sophisticated technology, the need to draft comprehensive agreements and enforce them in court injunction proceedings has become increasingly crucial. However, due to rapid developments in these same technologies, confidential information and trade secrets often become stale in the blink of an eye. To counter the risks inherent in this rapidly changing landscape, companies must have an up-to-date arsenal of cogent agreements that are well drafted and readily enforceable in court.
McGuireWoods advises a broad range of clients regarding the enforcement of non-compete and confidentiality agreements throughout the United States. Our trade secret litigation group helps companies protect what is rightfully theirs by drafting and enforcing effective non-compete, secrecy and confidentiality agreements. We have considerable experience in prosecuting and defending trade secret misappropriation claims, ranging from cases involving departed employees to industrial espionage. Our services include establishment, maintenance and litigation of trade secrets. In addition, we counsel clients on how to negotiate settlements prior to litigation and, when necessary, we fight for their interests in court.
We primarily represent employers in both challenging and defending non-competition agreements. We also represent individual employees in such matters on behalf of the companies who seek to hire them. We have pursued former officers or employees on theories such as unfair competition, conspiracy, unjust enrichment, misappropriation of trade secrets, quantum meruit, breach of fiduciary duty (based on activity against the employer's interest while still employed) and similar bases. Depending upon the circumstances of each case, we regularly draw on lawyers from our labor and employment, commercial litigation and other intellectual property litigation teams to staff these matters appropriately.
Often parties do not realize the level of commitment required to engage in such litigation until they are in the middle of the effort. We believe that a well-defined analysis of the risks and rewards serves our clients’ best interests. That said, once the decision is made to proceed, we move rapidly and decisively to take the appropriate course of action. Speed is often critical in such matters and we have not only the legal experience, but also the practical experience and resources to strike quickly. We have an established network of supplemental resources, such as investigators and computer forensic analysts, who allow us to maneuver effectively when prompt action is required.