Hogan Lovells Trade Secrets Toolkit - Effectively safeguard your trade secrets and confidential know-how

Identify

• 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.

Protect

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.

Contract review

• 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

• 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.

Respond

• 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.

Commercialize

• 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.