New technology, proprietary data, business plans, financial data, research and other ongoing proprietary information are some of a company’s most valuable intellectual property assets. Of necessity these valuable, proprietary assets must be accessed by employees at certain levels in a company. Indeed, key employees are often those who assist in creating these kinds of intellectual property. It can be devastating if a trusted employee leaves, takes such intellectual property and then uses it to compete.
Protection of a company’s intellectual property through carefully prepared employment and non-competition agreements can be one of the most important policies a company can put in place to protect the ownership and control of its intellectual property.
On the other hand, attracting and retaining talented individuals can be impeded by agreements which are overreaching and onerous in nature.
Striking a balance between these concerns requires a thorough understanding of a company’s objectives, its business, technology and research, and other proprietary information, as well as the limitations often imposed by statutes and courts to protect the rights of employees. At Workman Nydegger our attorneys understand the need for this kind of balance and can help you strike the right balance for your unique circumstances.