Among the most important assets of any business are the proprietary information that makes its goods or services unique, the employees that drive its success, and the customer relationships that every business works so hard to win. But we live in a complex, competitive global business environment where these assets are continually at risk. In every industry, information technology has become more portable than ever before, and companies have never been more vulnerable to the loss, misuse or theft of their trade secrets or proprietary information, or to unfair competition targeting their employees or customers. That’s where we come in.
The experienced lawyers of Munck Carter help our clients quickly and decisively address these threats. We identify and correct holes in the protection of client trade secrets and proprietary information. We recommend and implement cost-effective strategies to identify and safeguard trade secrets and proprietary information through internal policies, training practices and agreements with employees, independent contractors and other business partners. When necessary, we relentlessly pursue those who would violate our clients’ trust, misappropriate their trade secrets and proprietary information, improperly solicit or hire their employees, tortiously interfere with their contracts or business relations, and otherwise unfairly compete. Recognizing the damage caused when claims of unfair competition arise, we are equally aggressive in the defense of our clients against such allegations.
Clients regularly call on us for guidance in this complex and important area – where federal law offers limited protection, state laws vary dramatically, and the law is constantly changing both from legislative action and court decisions. We audit and design plans and policies to identify, protect and maintain company trade secrets and proprietary information. We negotiate, prepare and advise clients regarding restrictive covenants in employment, consulting, bonus, option or separation agreements, or in stand-alone non-competition, non-solicitation and non-disclosure agreements. We also help our clients evaluate and limit potential risks created when recruiting or hiring individuals or groups of employees.
Munck Carter represents clients responding to or accused of trade secret misappropriation, breaches of restrictive covenants, breaches of fiduciary duty, employee raiding, tortious interference with business relations and contracts, unfair competition, violation of the Computer Fraud and Abuse Act and similar claims. Because we bring years of technology experience to each matter, we are particularly well-suited to understand – and explain to the judge or jury – the complex technical issues involved in trade secrets litigation. Our team has the knowledge, skill and resources to quickly and aggressively pursue violators or to defend our clients against unfair competition claims, including seeking or defending against temporary restraining orders and other injunctive relief, and prosecuting claims in state or federal court and in alternative dispute resolution forums.
