Trade Secrets and Restrictive Covenants

Our attorneys in this interdisciplinary practice group are experts at helping our clients protect their proprietary information, so that they can keep their competitive advantage in the marketplace.  FisherBroyles offers creative and cost-effective solutions to clients across all industries and throughout the country, so that they may guard against the theft or misuse of their information.

By crafting policies and drafting agreements, we can help our clients protect their proprietary information and trade secrets without litigation.  We provide day-to-day counseling to help mitigate the risks imposed when a client’s employee leaves to go to a competitor, or those that arise when a client lifts a group of employees from a competitor.  And, when litigation is unavoidable, we act quickly and aggressively to stop the theft of our clients’ information.


Protecting our clients’ intellectual property requires policies and agreements that are carefully tailored to suit our clients’ businesses while also surviving scrutiny by the courts.  We assist clients in drafting policies and implementing programs for the identification and protection of their trade secrets and other protectable information.  Our attorneys are experts in the laws designed to protect our clients’ intellectual property rights, including the Uniform Trade Secrets Act and The Defend Trade Secrets Act of 2016.  We also draft, review, and implement non-competition, non-solicitation, no-poach, no-hire, and non-disclosure agreements.


Risk mitigation is of paramount importance for our clients.  We add value by serving as trusted advisors, guiding our clients through the pitfalls of hiring and firing employees, independent contractors, and consultants, so that our clients’ protected information is not misappropriated and so that they do not become the subjects of litigation.  Our attorneys also conduct trade secret audits, helping our clients identify, catalog, and value their assets, and implement policies and procedures for their protection.  We also work with investors and companies seeking investment or undertaking other corporate transaction to conduct diligence into matters related to trade secrets and intellectual property.


When the need arises, our attorneys can move quickly and efficiently to obtain or block applications for temporary restraining orders or preliminary injunctions.  We aggressively prosecute and defend all types of competition-related claims, including, but not limited to, breach of non-competition, non-solicitation, non-interference, no-hire, no-poach, and non-disclosure agreements, breach of intellectual property agreements, misappropriation of trade secrets, employee raiding, breach of fiduciary duty, unfair competition, tortious interference, and claims under various federal and state laws that protect our clients’ information.  In addition, when there are criminal claims arising from the theft of a client’s protection information, our attorneys are experienced in working with federal and state investigators.  Our attorneys understand that litigation must serve our clients’ business goals, and work to aggressively resolve cases expeditiously on favorable terms.