NDAs and Trade Secrecy

Business owners, entrepreneurs, and knowledge workers alike should be aware of their legal rights and liabilities relating to confidential information and trade secrets. 

Actual or potential disputes in this area often involve Non-Disclosure Agreements and related restrictive covenants found in business and employment agreements. It can also include outright trade secrecy theft or breach of confidence, as well as the effective misappropriation or unfair use of confidential information by a third party. This can amount to unfair competition. Departing professionals or business partners should be mindful of the risk of inadvertently exposing themselves or those they are working with to liability by breaching confidentiality obligations. 

Aitken Legal can guide you through contractual and other legal obligations relating to Non-Disclosure Agreements, confidentiality, and legal rights to trade secrets and proprietary data. This includes both a view to enforcing NDAs, non-solicitation and non-competition clauses. If you have detected a known or potential breach of confidence or the misappropriation of a business opportunity, we recommend involving legal counsel at the earliest possible stage. The conduct of the initial investigation and legal response is crucial and often time sensitive.