Many non-compete and non-solicitation agreements require an employee to protect the employer’s “trade secrets.” But, what exactly are trade secrets?
A trade secret is a formula, pattern, device, or compilation of information used in business that gives the owner a chance to obtain an advantage over competitors who do not know or use the trade secret. To determine if information constitutes a trade secret, a court examines:
(1) the extent to which the information is known outside of the business;
(2) the extent to which the information is known by employees and others involved in the business;
(3) the extent of the measures taken to guard the secrecy of the information;
(4) the value of the information to the holder and to the competitors;
(5) the amount of effort or money expended in developing the information; and
(6) the ease or difficulty with which the information could be properly acquired or duplicated by others.
Texas courts extend trade secret protection to many forms of proprietary information, including business procedures, customer lists, computer programs, product designs, manufacturing information, marketing strategies, pricing data, vendor lists, and technical information.
To discuss an employment-related matter with an employment law attorney, please contact the employment lawyers at Clouse Dunn Khoshbin LLP at [email protected].
