Hogan Lovells has developed a Trade Secrets Toolkit to help businesses protect their trade secrets and confidential know-how. The Toolkit consists of four modules: Identify, Protect, Respond, and Commercialize. Each module has been designed to support innovators throughout the lifecycle of a trade secret. By drawing on the market leading expertise of our intellectual property, employment, privacy and cybersecurity professionals, the Toolkit will enable businesses to take into account a broad range of legal and commercial risks when developing their trade secrets strategies.
- Comprehensive review of existing trade secrets and confidential know-how to identify and catalogue relevant assets.
- Tailored questionnaires to improve your understanding of assets, circumstances of creation, protection mechanisms, whether they have been shared with third parties and under what conditions.
- Guidance and best practice throughout the audit process.
- Alignment with patenting activities.
Policies and systems
- Counseling on corporate policies and best practices for protection of trade secrets and confidential information.
- Identification and implementation of improved protection measures to reduce disclosure risks.
- Support with the establishment of monitoring systems and solutions in collaboration with legal, HR,
- IT and R&D departments.
- Regular reviews of the monitoring parameters by working collaboratively across business units for continuous optimization.
- Review of employee contract templates relating to confidentiality and IP ownership.
- Review of contract templates for NDAs, trade secret license or sale agreements, R&D, joint development, and other commercial agreements.
- Review of ongoing and existing contracts with third parties involving relevant assets
- Training programs for new and existing employees covering the basic legal framework, company policies, procedures and compliance techniques.
- Guidance and training for HR and IT departments on the onboarding and departure of employees.
- Design and establishment of procedures to effectively respond to notifications of potential misappropriation, including the organization of a rapid response team.
- Navigation of specific employee mobility situations implicating trade secret concerns, especially for senior management and engineers.
- Direct internal corporate investigations.
- Prepare and pursue, or defend, trade secret litigation in federal and state courts and before the ITC.
- Support with the commercialization and exploitation of trade secrets assets.
- Comparative analysis of country or state trade secret laws to select advantageous locations for R&D and/or manufacturing facilities.
- Supervise independent development, reverse engineering, and “clean room” project structure and guidelines.
Our toolkit delivers:
- Integrated legal solutions developed through a long history of working together on complex cross-border trade secrets matters.
- A ‘one team worldwide’ approach enabling us to drive workflow efficiencies and leverage different legal regimes to your advantage.
- First-class knowledge from market leaders in IP, employment, privacy and cybersecurity law.
- Support from our pricing teams on the commercialization and exploitation of trade secret assets.
- Cost-effective and transparent services through the use of technology and legal project management.
For more information and regional contacts please access this Toolkit under Additional Resources.