Non-Compete, Trade Secret & Confidentiality Litigation & Negotiation

We are a Law Firm Specializing In Non-Compete Agreements, Trade Secret Law, Customer List Litigation. Our team is positioned to provide the representation and legal advice which will ensure you understand your legal rights, with offices in Detroit, Michigan and Traverse City Michigan and Los Angeles, California.

Our lawyers have handled complex cases involving millions of dollars in alleged damages, taking several cases to trial on behalf of national and international corporations.  Our non-compete and trade secret attorneys have advised employees, managers, owners and employers in the negotiation of non-competition contracts and helped companies protect their valuable intellectual and intangible property rights. In many instances, immediate injunctive relief is both appropriate and necessary to stop unlawful behavior before customers are lost or the unlawful behavior irreparably harms company interests.

1ese1 Managing Partner Enrico Schaefer: "Traverse Legal's attorneys know non-compete and trade secret law and pride themselves on advanced litigation techniques which are both cost-effective and budget oriented.  When it comes to technology, there are very few firms that can match our capabilities. Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals. "

If you have an issue involving non-compete agreements, trade secret theft, customer list theft or breach of fiduciary duties by corporate mangers, officers or owners, our lawyers can provide you the legal advice you need to fully protect your rights. Contact us today at 866.936.7447 (international toll free) or send us an email for a no-risk consultation.

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11/06/2012

Non-Compete Agreement vs. Non-Disclosure Agreement

There are non-compete agreements and there are usually employment agreements that contain either non-compete agreements, or what we call the non-disclosure of trade secret clauses, or of course sometimes called confidentiality provisions in employment agreements. The difference between the two is that a non-compete seeks to restrict your employee or contractor from competing against you within a certain geographic region for a certain period of time.

Announcer: Welcome to the Trade Secret Law Radio. We bring you the best in trade secret news, legal advice, and information. From trade secret misappropriation to trade secret agreement drafting and negotiation, we cover the issues here.

Continue reading Non-Compete Agreement vs. Non-Disclosure Agreement >>
06/05/2012

New Case assists Employers involving Theft of Trade Secrets

Well, Matt, there was a recent case that discussed Michigan's Uniform Trade Secrets Act. Under the Michigan Trade Secrets Act, Michigan courts are authorized, as well as other courts in other jurisdictions, who have also adopted a version of the Uniform Trade Secrets Act, have authorized courts to award injunctive relief for actual or threatened misappropriation of trade secrets.

In this particular case, the name of which is Actuators Specialties Inc. v Chinavare, and it is a recent Court of Appeals decision in Michigan, which is unpublished. What this means, Matt, is that the case is persuasive authority for other courts but not binding authority, so while it has no precedential value, it can be used to make the same arguments that occurred in that case.

 

 

Continue reading New Case assists Employers involving Theft of Trade Secrets >>
03/27/2012

Trade Secret Protection

Welcome to Trade Secret Law Radio, we bring you the best in trade secret news, legal advice and information.  From trade secret misappropriation to trade secret agreement drafting and negotiation, we cover the issues here.

This is Brian, a trade secret attorney with Traverse Legal, PLC; a law firm representing trade secret owners and those looking to enforce their trade secret rights throughout the United States. 



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11/09/2011

Trade Secret Protection is Critical.

Welcome to Trade Secret Law Radio, we bring you the best in trade secret news, legal advice and information. From trade secret misappropriation to trade secret agreement drafting and negotiation, we cover the issues here.

Welcome to Internet Law Radio. This is Attorney Enrico Schaefer.  My law firm specializes in internet law issues.  We have an internet law attorney for just about anything that occurs on the internet.  Today, we’re going to be talking about trade secret protection. 

In the age of intelligence and information and Ideas, trade secrets are becoming critically important.  The first thing that you need to understand is, really, what is a trade secret.  The last thing you want to end up is in trade secret litigation, so the best thing you can do is protect yourself on the front end to make sure that your trade secrets are secure, and they’re not going anywhere.  My number one tip for that is you need a trade secret program.

Continue reading Trade Secret Protection is Critical. >>
11/04/2011

Non-Compete Agreement Considerations for Employers

This is Enrico Schaefer. Welcome to Internet Law Radio.  I am an internet law attorney specializing in a variety of technology and internet law issues ranging from cybersquatting to trademarks to copyrights to non-compete and trade secret agreements.  Today, we’re going to be talking a little bit about non-compete agreements.  And we’re going to be talking about those agreements from the employer perspective. 


Continue reading Non-Compete Agreement Considerations for Employers >>
05/27/2011

Trade Secret Lawyer Alert: PayPal Sues Google for Trade Secret Theft

Because we live in the information age, intellectual property has become a critical corporate asset.  Most companies fail to adequately protect their trade secrets.  There are so many ways trade secret theft can occur.  The most obvious and popular one is to simply steal employees who are aware of and have intimate knowledge of the trade secrets.

PayPal is suing Google for trade secret theft, alleging that it stole employees with knowledge of their trade secrets related to mobile payment technology.  This trade secret theft lawsuit was filed the very same day that Google released its new mobile payment system, Google Wallet.  One former PayPal employee actually oversaw new product development of mobile technologies before switching to a nearly identical position at Google.  While at PayPal, this employee was actually in charge of negotiating a deal with Google.  PayPal claims that the employee was, at the same time, negotiating with Google for employment. As so often happens, a digital trail links the former PayPal employee to Google even while still employed to PayPal.  There are allegations that this employee actually transferred trade secrets from the PayPal Network onto his private computer just days before leaving the company.

Continue reading Trade Secret Lawyer Alert: PayPal Sues Google for Trade Secret Theft >>
03/15/2011

Trade Secret Law | What Is A Trade Secret?

Companies spend significant time and funds to protect their trade secrets.  What is a Trade Secret?  In Michigan, as in most states, has adopted a version of the Uniform Trade Secrets Act which defines a trade secret as a formula, pattern, compilation, program, device, method, technique or process that has both independent economic value and is not generally known to or not readily assessable by other persons, and is the subject of efforts to maintain its secrecy.

Continue reading Trade Secret Law | What Is A Trade Secret? >>

Trade Secret Attorney Discusses Idea Protection & Secrecy | Technology Trade Secrets

As a technology and trade secret attorney, I get to see evolution of a person's idea from conception to fruition.  Too often, however, clients seek attorney advice on protecting a trade secret only after there is a problem. In many instances, people as so anxious to move their idea forward, they forget that the one key ingredient which makes their intangible idea valuable is protecting the idea, or its incarnation as software, technology or other intellectual property, as a trade secret.  A trade secret lawyer sometimes have to hold you back to make sure your idea is protected from third parties, employees, consultants, independent contractors and customers before letting those folks into the tent. If you fail to protect and maintain the secrecy of your idea, whether software code, technology, formula, process or otherwise, you lose trade secret protection. That means anyone can copy your idea, and no non-compete or trade secret attorney will be able to stop them.

The Uniform Trade Secrets Act (UTSA) §(4) states:

"Trade secret" means information, including a formula, pattern, compilation, program device, method, technique, or process, that: (i) derives independent economic value, actual  or potential, from no being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

The Uniform Trade Secrets Act (UTSA), §5 also places special requirements on the court to maintain the trade secret during the pendency of the trade secret case litigation:

Preservation of Secrecy -In action under this Act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

03/15/2010

Employee Non-Compete Defenses of Non Compete Agreements

In this Traverse Legal Radio Interview, Attorney Mark Clark discusses several employee defenses to the enforcement of a non-compete agreement, also known as non-competition agreement.  Listen to or read the full transcript below:

Today’s program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in Internet law, Trademark infringement, Copyright Infringement, Cybersquatting, On-Line Defamation,Non-Compete & Trade Secret Law and Complex litigation.  If you have a legal matter arising on the web, contact one of Traverse Legal’s internet lawyers today.  Now here’s your host, Damien Allen.

Damien Allen:  Good morning and welcome to Traverse Legal Radio.  My name is Damien Allen, and today joining me on the phone is Mark Clark, attorney at Traverse Legal, PLC.  Good morning, and welcome to the program, Mark.

Mark Clark:  Good morning, Damien, glad to be here.

Continue reading Employee Non-Compete Defenses of Non Compete Agreements >>
03/05/2010

How To Protect a Trade Secret | Advice from an Internet Lawyer

Most companies spend a lot of time and monies to protect their trade secrets. Whether it's the formula for a popular soft drink, the recipe for take out chicken, or the design of the latest software platform, somebody could take the thing that makes your business or process unique and reap the benefits of what you've sown without remuneration to you. Attorney Mark Clark discusses trade secret law and what you can do to protect yourself.

  • A trade secret is now defined under the law by statute.
  • Most states in the United States have adopted some form of the Uniform Trade Secret Act.
  • Trade secrets are defined as a formula, pattern, compilation, program, device, method, technique or process that has both independent economic value and is not generally known to or not readily accessible by other persons and is the subject of efforts to maintain its secrecy.

Today’s trade secret law program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in internet law, trademark infringement, copyright infringement, cybersquatting, online defamation, non-compete and trade secret law, and complex litigation. If you have a legal or trade secret protection matter arising on the web, contact one of Traverse Legal’s internet lawyers today. Now here’s your host, Damien Allen.

Damien Allen: Good morning, and welcome to Traverse Legal Radio. My name is Damien Allen, and today joining me on the phone is Mark Clark, attorney at Traverse Legal, PLC. Good morning, Mark, and welcome to the program.
 
Mark Clark: Good morning, Damien. How are you?
Continue reading How To Protect a Trade Secret | Advice from an Internet Lawyer >>
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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
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  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan