Did you know you can use misappropriation of trade secrets to protect your company and its proprietary information and assets?  Is it possible to enhance internal protections and/or replace your non-compete agreements with trade secret protections in California?

California has effectively eliminated the non-compete agreement.  In fact, California employers were required to provide notification in writing to all employees, past and present, by February 14, 2024 that any non–compete contract, clause or agreement they had entered into or signed in the past (and specifically from 1/1/2022) is void.  Employers were required to inform any employee who had signed a non-compete agreement of any sort in the past (except a trade secret agreement) of the name of the contract they signed, or the specific provisions, paragraphs or clauses contained within any employment-related document that they are void, no longer enforceable and that you will take no action to enforce them going forward.

So how do you protect your proprietary secrets and company information going forward?

A Stronger Strategy to Solve the Problem

There is a stronger strategy which can provide stronger protections for California employers than a non-compete agreement: misappropriation of trade secrets and corporate proprietary information.

Watkins Firm attorneys have decades of experience helping San Diego employers to protect proprietary information, customer data, supplier information, insider knowledge and marketing strategies and other trade secrets associated with your business.  We can structure employment contracts which create trade secrets and proprietary information and restrict your employees from using this information outside of their employment with your company. Using misappropriation of trade secrets as part of a non-compete strategy provides additional legal protections which have a stronger chance of prevailing in a legal challenge.

Use Misappropriation of Trade Secrets to Protect Your Company

You can develop new policies and procedures and use misappropriation of trade secrets to protect your company. This strategy ties into other important employment related documents such as the employment contract, employee handbook, as well as your company’s policies and procedures.  Our attorneys help to clearly establish the nature of the information, practices and industry knowledge which is considered to be proprietary or a trade secret.  There are internal practices and physical steps which must be taken to support these agreements and clearly separate, secure and identify information which is proprietary or a trade secret.  We help you to follow all steps and implement contracts which are enforceable in a Court of law.

The misappropriation of trade secrets and proprietary information is a much stronger strategy to prevent unfair competition.  Watkins Firm attorneys structure contracts and non-compete agreements which are enforceable.  If you would like to learn more about misappropriation of trade secrets as part of a non-compete strategy for your company in order to supplement or replace non-compete agreements we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.