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Practice Group Leader:

RODGER R. COLE
rcole@fenwick.com
650.335.7603

There are two kinds of trade secrets concerns: those of the trade secrets owner who needs to protect its secrets, and those of the creator of new products who needs to avoid misappropriating another’s secrets, however innocently. We provide counseling to clients with both kinds of concerns. We work with trade secrets owners to identify their trade secrets and then set up and maintain a comprehensive program to protect them. Lawyers in our trade secrets group help clients develop practical and effective policies and procedures for determining what information should be kept secret and how secrecy will be maintained. Our expertise includes developing and negotiating confidentiality agreements with employees, partners, suppliers and customers, as well as setting up physical security measures to protect valuable trade secrets.

Conversely, we advise clients on avoiding the trade secrets rights of others when developing new products or when hiring from competitors. Working with inventors, start-up companies and creators of new technologies, we help these clients put into place structures and practices designed to minimize the risk of trade secrets claims being asserted against them, and to maximize their abilities to defend against such claims.

Related services include Intellectual Property and Trade Secret Litigation.

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