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Trade Secrets and Former Employees—The Effect of No Written Agreement
This episode is aimed at answering the question of how protected a company’s trade secrets are in the absence of a confidentiality agreement, if at all.
GENERAL LINKS:
- Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
- Podcast Website: https://www.keith.law/category/podcast/
- Firm Website: https://www.keith.law/
- LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
EPISODE-SPECIFIC LINKS:
- Episode's blog post: https://www.keith.law/trade-secret/trade-secrets-and-former-employeeseffect-of-no-written-agreement/
- Texas Uniform Trade Secret Act: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.134A.htm
- Information about the Defend Trade Secrets Act: https://en.wikipedia.org/wiki/Defend_Trade_Secrets_Act
- Information on what a "cause of action" is: https://en.wikipedia.org/wiki/Cause_of_action
TIMESTAMPS:
00:00 — What if your worker leaves with your trade secrets and you don't have a confidentiality agreement in place?
00:06 — Intro
00:30 — There is trade secret protection under TUTSA and the DTSA when the statutory requirements are satisfied.
01:01 — Both statutes require taking "reasonable measures" to keep the information a secret. A signed confidentiality agreement can be an example of a reasonable measure to keep the information a secret. But, a signed agreement is not absolutely necessary.
01:40 — The longer answer to the question.
01:43 — The essential elements of a trade secret misappropriation cause of action.
03:50 — What about misappropriation in the absence of a signed agreement? This is a question about element two of the cause of action.
04:26 — A discussion of the public policy balancing act to help understand why things are the way they are.
06:11 — Use of information acquired during employment.
07:40 — Important reasons to have confidentiality agreements with your employees.
09:45 — How a signed confidentiality agreement might stop a problem before a lawsuit becomes necessary.
11:38 — Why, as a practical matter, it's important to be able to attach liability to the new employer, if possible.
12:05 — Recovering attorney's fees in the context of a trade secrets misappropriation lawsuit under TUTSA and DTSA.
16:00 — Recovering attorney's fees in the context of a breached contract—including a breached confidentiality agreement.
16:57 — Other potentially available causes of action in a trade secrets misappropriation context.
19:07 — The takeaways from this episode.
20:03 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
View all episodes
By Jason KeithThis episode is aimed at answering the question of how protected a company’s trade secrets are in the absence of a confidentiality agreement, if at all.
GENERAL LINKS:
- Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
- Podcast Website: https://www.keith.law/category/podcast/
- Firm Website: https://www.keith.law/
- LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
EPISODE-SPECIFIC LINKS:
- Episode's blog post: https://www.keith.law/trade-secret/trade-secrets-and-former-employeeseffect-of-no-written-agreement/
- Texas Uniform Trade Secret Act: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.134A.htm
- Information about the Defend Trade Secrets Act: https://en.wikipedia.org/wiki/Defend_Trade_Secrets_Act
- Information on what a "cause of action" is: https://en.wikipedia.org/wiki/Cause_of_action
TIMESTAMPS:
00:00 — What if your worker leaves with your trade secrets and you don't have a confidentiality agreement in place?
00:06 — Intro
00:30 — There is trade secret protection under TUTSA and the DTSA when the statutory requirements are satisfied.
01:01 — Both statutes require taking "reasonable measures" to keep the information a secret. A signed confidentiality agreement can be an example of a reasonable measure to keep the information a secret. But, a signed agreement is not absolutely necessary.
01:40 — The longer answer to the question.
01:43 — The essential elements of a trade secret misappropriation cause of action.
03:50 — What about misappropriation in the absence of a signed agreement? This is a question about element two of the cause of action.
04:26 — A discussion of the public policy balancing act to help understand why things are the way they are.
06:11 — Use of information acquired during employment.
07:40 — Important reasons to have confidentiality agreements with your employees.
09:45 — How a signed confidentiality agreement might stop a problem before a lawsuit becomes necessary.
11:38 — Why, as a practical matter, it's important to be able to attach liability to the new employer, if possible.
12:05 — Recovering attorney's fees in the context of a trade secrets misappropriation lawsuit under TUTSA and DTSA.
16:00 — Recovering attorney's fees in the context of a breached contract—including a breached confidentiality agreement.
16:57 — Other potentially available causes of action in a trade secrets misappropriation context.
19:07 — The takeaways from this episode.
20:03 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.