The firm’s litigation group has been trying complex business disputes since 1972, including cases involving trade secrets, licensing, non-compete agreements, business dissolution, deceptive and unfair trade practices, unfair competition, domain names, complex contractual matters, shareholder actions, fraud, defamation, franchises, and Internet-related matters. The firm’s litigation group prides itself on having the ability to fully understand complex matters, and present a client’s case to a judge or jury in an understandable and meaningful way. Our attorneys not only understand sophisticated technologies, but have the ability to employ technology in litigation to efficiently and comprehensively discover and analyze evidence and potential outcomes. We do not “work” your file until settlement; we develop a litigation strategy that considers you goals, budget, and potential business impact, to maneuver with precision and focus. Unlike litigation sections in many larger firms, ADD&G provides you with an appropriately sized and experienced trial team that works directly with you from the beginning of the case through trial, which means you know your team and your team knows your case.

Owners of intellectual property often are required to disclose their process, invention or developments in order to conduct business or discuss business opportunities. In order to protect the intellectual property, the owner must take precautions against losing rights to those inventions. A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), confidential information agreement (CIA), or secrecy agreement (SA), is a legal contract between two parties that identifies the confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties.  These agreements create a confidential relationship so as to bind the receiving party from disclosing the information. When a party refuses to comply with their obligations, you should contact a business litigation attorney.  When the intellectual property is complex, technical or if you have questions on the impact such agreements may have on enforcement of patents, copyrights or other intellectual property rights, you should contact an attorney who specializes in such matters.

In addition, it is also necessary for a business to require employees to sign an NDA or similar agreements restricting employees’ use and dissemination of company-owned confidential or to protect the investment that they make in an employee.  Employee agreements are often paired with restrictive covenants or non-compete agreements prohibiting the employee from leaving the employer and engaging in direct competition.  Effective enforcement of such agreements depends on the scope and restrictions found in the Agreement. Because restrictive covenants can be seen as a deterrent to competition and employment, courts tend to closely examine the terms of the agreement by balancing the needs of the employer to protect its business information with the needs of the employee to engage in gainful employment.  Accordingly, whether you are an employee or employer, it is highly recommended that you consult with an ADD&G attorney before entering into an agreement with a restrictive covenant, such as a confidentiality agreement or non-compete agreement.

ADD&G has vast experience in all modes of alternative dispute resolution including arbitration before the American Arbitration Association, JAMS, FINRA, and other arbitration panels. The Firm has also represented clients in international arbitration disputes

When drafted and used properly, confidentiality agreements are an effective way to protect confidential information. Parties entering into confidentiality agreements should consider including several important clauses outlining their respective obligations (see below).

jack_abid1Stephen H. Luther
Shareholder, Registered Patent Attorney
sluther@allendyer.com
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jack_abid1Robert H. Thornburg
Shareholder, Registered Patent Attorney
rthornburg@allendyer.com
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jack_abid1Brock A. Hankins
Registered Patent Attorney
bhankins@allendyer.com
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