Protecting Trade Secrets with a Solid Nondisclosure Agreement

Trade secrets and advice for creating a more certain, enforceable nondisclosure agreement“(NDA”) that parties comply with and understand.

Trade secret protection of company information has seen a popular resurgence, as patent protection has become less certain and patent enforcement more expensive. Courts are struggling to define what qualifies for patent protection, particularly in technologies such as computer software, biologics and biosimilars, and business methods. The uncertainty and additional investment that a company must make to a secure and protect its patent rights may mean it is simpler and safer to protect its technology by keeping it secret.