|
|
||
Business DisputesIf your business is based on a trade secret, or information that is not generally known, cannot be readily learned by others and offers you a competitive advantage, you may be wise to use precautionary measures to protect that secret - before you end up in a business dispute. D'Angelo & Hashem can help you protect your trade secrets. Although your employees have an unwritten duty not to disclose your trade secrets to others, including your competition, having a signed, written document such as a nondisclosure agreement or a noncompete agreement may help you significantly if you end up in court. Call D'Angelo & Hashem today to find out how best to protect your trade secrets. Or, if you are an employee who has been asked to sign a nondisclosure or noncompete agreement, contact D'Angelo & Hashem before you sign it. These types of agreements are binding contracts, and you may be giving away your right to claim a trade secret later on. FAQsWhat is a trade secret? Any formula, pattern, physical device, idea, process, or information that provides the owner with a competitive advantage in the marketplace and is treated as a secret (so that the public or competitors cannot reasonably learn about it) is considered a trade secret in most states. What can I do if someone steals or discloses confidential information? There are laws in every state prohibiting the theft and disclosure of trade secrets. Through these laws and with the help of an attorney, you can file an injunction preventing further disclosure and possibly collect damages if your company has been hurt economically by the disclosure. However, before you can collect anything in court, you must be able to prove that the information really was a trade secret and that it was improperly acquired or disclosed. What is a nondisclosure agreement? Often referred to as a confidentiality agreement, a nondisclosure agreement (NDA) is a contract that prohibits someone from disclosing secret information. These types of agreements are often used in the high-tech industry, particularly in computer and Internet companies. However, they can be used to protect any type of trade secret. Every NDA should include a definition of the confidential information, exclusions, obligations of the party signing the contract, and the time period under which the contract is legal. Business DevelopmentWhen you start a business, one of the most important decisions you'll make is to decide on the type of ownership structure for your company. Choosing the right kind of entity isn't always easy. Some will protect you against personal liability and save you taxes, some won't. Some will cost you more but allow you greater flexibility. Contact D'Angelo & Hashem. We can help you get your business off to a good start by helping you to decide on the right ownership structure for your situation and file the appropriate paperwork, if needed. FAQsWhat are the different types of ownership structures? You have the freedom to choose from any of the following entities. Keep in mind, however, that there are different benefits to each type of structure. Which ownership structures are the easiest and the least expensive to set up? Sole proprietorships and partnerships are the easiest to set up and the least expensive. You don't have to file any paperwork with the state or pay any fees. However, you are held personally liable for any business expenses or debts with these kind of structures. What structures will best protect my personal assets? If your business will engage in "risky" endeavors, where you run the risk of piling up a lot of debt or being suited, you may want to consider a corporation or limited liability company (LLC). It is more costly and complicated to set up these entities, but both will shield your personal assets from business debts and claims. Don't forget to check out our newsletters for more articles! |
|
|
|||
|
Copyright © 2003-09, D’Angelo & Hashem, LLC. All Rights Reserved. Terms of Use | Email: info@lawyeradvocates.com
Hosted by Social Law Library, Boston MA | Web Services Provided By: Makoto Advisors, LLC |
|||