Tuesday, November 15, 2011

Trade Secrets

I recently argued before the Nevada Supreme Court, link available at http://www.nevadajudiciary.us/index.php/oralarguments/1257-finkel-vs-cashman-professional-inc-cw-55377, regarding the issue of trade secrets.  While most people have a general understanding that a trade secret involves intellectual property like the secret recipe for Coke, many business owners do not understand that it also protects good will of a business.  In terms of good will, Nevada construes that unique processes and pricing may constitute a protectable trade secret.  This is important because it would protect the good will of a business against misappropriate by a former employee.  Notably, a trade secret is a protectable and proprietary interest of a business for so long as the trade secret remains "secret."  As such, a business owner would be wise to have its employees execute agreements that recognize the business' customer lists, pricing, contracts, and/or any other similar type of good will is a trade secret of the company.  This will enable the business to seek greater protection under the Uniform Trade Secret Act (NRS 600A) to protect itself from former employees. 
If you are a business owner who is concerned with protecting the good will of your business, please contact me as I may be able to assist you with this goal. 

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