In this information age, many companies develop and use information or technology that provides an advantage over competitors that may be confidential information or a trade secret.

To protect trade secrets and confidential information, employers must use and enforce non-disclosure agreements with its current and former employees. Otherwise, your employees could reveal sensitive, proprietary information to your competitors as employees switch employers within the same industry.

California has a strong public policy in favor of employee mobility and as a result, California courts will not enforce non-competition agreement upon California residents. The enforceability of non-competition agreements vary from state to state.

Since California employers have limited tools to protect their confidential information or trade secrets, employers should remain vigilant of employees that move to a competitor and consider placing the new employer on notice of the former employee’s contractual obligations of confidentiality.

The De Cárdenas Law Group has extensive experience in:

  Drafting and enforcing confidential information and trade secrets agreements and non-competition agreements outside of California.
✓  We regularly advise companies on issues related to confidentiality, including enforcement of non-disclosure agreements.
✓  Our firm further designs confidentiality programs and we frequently draft, negotiate, and in some cases defend the enforcement of employee non-disclosure agreement.
✓  LLC Operating Agreement and Corporate By-Laws