Protecting Trade Secrets and Addressing Disputes

Trade secrets are often at the heart of a business’s competitive advantage. They can encompass a variety of intangibles such as formulas, processes, designs, marketing strategies, and customer lists. One of the essential tools that businesses use to protect these secrets is the non-compete agreement. However, despite their potential benefits, non-compete agreements can be a source of disputes. 


The Importance of Protecting Trade Secrets

Trade secrets can give companies a significant edge in the marketplace. Unlike patents or copyrights which are time-bound, trade secrets can theoretically last indefinitely, as long as they remain secret.


Non-Compete Agreements: A Shield for Trade Secrets

A non-compete agreement is a legal contract in which one party (usually an employee) agrees not to compete against another party (typically the employer) for a specific period and within a particular geographic area. Here’s why they’re crucial:

  • Protect sensitive information: By restricting former employees from working with direct competitors, the chances of trade secrets getting leaked reduces.
  • Minimize risks: Employees who have had access to core business strategies pose a risk when they join competitors. A non-compete can curtail this risk.
  • Preserve relationships: Businesses also protect relationships with customers, suppliers, and other stakeholders by ensuring ex-employees don’t exploit these relationships to their or a competitor’s advantage.


Addressing Disputes Related to Non-Compete Agreements

Violations to non-compete agreements can arise for various reasons. Some might feel the agreement is too restrictive, while others might not have understood the terms fully. Here’s how businesses can address these disputes:

  • Clear Communication: Ensure that the employee fully understands the terms of the non-compete agreement before signing. A clear rationale behind the need for such an agreement can reduce potential disputes.
  • Reasonableness in Scope and Duration: Courts are more likely to enforce non-compete agreements that are reasonable in terms of geographic scope, duration, and the activities they restrict. Overly restrictive agreements may be deemed unenforceable.
  • Regularly Update the Agreement: As business needs and market conditions change, so should the non-compete agreement. An outdated agreement can lead to disputes.
  • Legal Action: If an amicable solution cannot be found, businesses may need to take legal action against the violating party. 


In a world where business strategies, formulas, and other proprietary information can be easily copied, trade secrets become invaluable. Non-compete agreements, when crafted judiciously and enforced appropriately, can provide businesses with the protection they need. However, ensuring that they remain fair and clear can reduce potential disputes and foster a trusting, transparent relationship between employers and employees.

For expert guidance on crafting and enforcing non-compete agreements, contact the attorneys at Haber Law.