Denver Civic Center

Many businesses invest time and money in developing specialized knowledge and techniques, or “trade secrets,” that enable them to excel in their industries. Unfortunately, these trade secrets may be compromised or lost when key employees transition to new jobs, when competitors wrongfully misappropriate inventions or ideas, or when businesses simply fail to take adequate measures to preserve the secrecy of their information.

McClain & Ellis, LLC advises clients regarding the scope of Colorado’s trade secrets laws.  Specifically, we explain the factors that determine whether certain information qualifies as an actual “trade secret” protected by law, and the important practices that must be observed to ensure legal recognition of the trade secret.

We regularly work with employers to help them implement policies and procedures to prevent departing employees from taking company trade secrets, including the use of non-disclosure and confidentiality agreements, non-competition agreements and non-solicitation agreements.  These types of agreements must be carefully tailored to suit the specific situation at hand, as the use of badly drafted or generic forms may leave the employer inadequately protected.  In addition, under Colorado law, non-competition and non-solicitation agreements are enforceable only in limited situations.  Those agreements therefore require particular care and attention, or they may prove to be worthless.

Trade secrets are best protected when action is taken proactively.  Knowing how to do this effectively is an important tool for any successful business.