Related Resources

Non-Compete Agreement, Santa Clara University School of Law. (Trade Secret)
Abstract: If you have employees who work with your trade secret(s), a written contract drafted by an attorney may reduce the risk of losing your property rights in the secret(s) if the employee leaves. Note, however, that some states (notably, California and Michigan) are less receptive to enforcing non-compete agreements than other states. A sample non-compete agreement is as follows:

Non-Disclosure Agreement, Santa Clara University School of Law. (Trade Secret)
Abstract: Should you need to discuss your trade secret(s) with another entity, or if your employees need to access or use your trade secret(s), a written contract drafted by an attorney will help ensure that you do not lose your property rights in the secret(s). A sample non-disclosure agreement is as follows:

Trade Secret Laws, Santa Clara University School of Law. (Trade Secret)
Abstract: If you have received a letter saying that you have misappropriated a trade secret...or perhaps, you believe that someone has your secret information, what are your legal rights? Trade secrets are governed by state law. Although each state has its own unique trade secrets law, 42 states have adopted trade secret laws according to the Uniform Trade Secrets Act (USTA). In several States, intentinally stealing or disclosing trade secrets is a crime and the penalties can be very severe. There are also penalties for receiving stolen trade secret information. According to the Economic Espionage Act of 1996 (EEA), individuals may be fined up to $500,000 and corporations up to $5 million for intentionally stealing or receiving trade secrets. In addition to these heavy fines, violators can be sent to prison for up to 10 years and all property used and derived from the theft can be seized and sold by the government. If the theft occurs outside the United States and the thief is a U.S. citizen or corporation, the fines can double and jail time may increase to up to 15 years. For additional information on trade secret law in your state, you may wish to consult a lawyer in your area.

Legal Contracts that Protect Your Trade Secret, Santa Clara University School of Law. (Trade Secret)
Abstract: There are two types of legal contracts that are widely used to help businesses protect trade secrets: (1) non-disclosure agreements; and (2) non-compete agreements.

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