We can assist clients in identifying confidential information and trade secrets that can be protected using trade secret laws and provide strategic advice on how to safeguard confidential information and trade secrets. In context of employees, this includes invention policies, restrictive covenants and confidentiality policies. In the commercial space, we assist companies with preparing and developing confidentiality agreements, negotiating licensing and assignment agreements involving the sharing or joint development of trade secrets and assessing the best types of protection for business information.

When the need arises to enforce trade secrets and obligations of confidence or defend businesses in legal actions involving trade secrets, we have disputes lawyers all over the world with the skills to assist. We frequently advise businesses both as claimants and defendants in relation to disputes and potential disputes relating to trade secrets in a number of key sectors. Where legal proceedings must be undertaken, we work closely with our clients to carefully formulate a strategy with the best possible chance of withstanding court scrutiny without overstating the case or appearing to act anti-competitively or in restraint of trade – often an issue when an executive or senior employee leaves to work for a competitor. We have handled numerous high-value and highly sensitive and confidential matters worldwide, and we have the global resources to swiftly prepare and obtain prompt court relief, as well as to build an offensive or defensive litigation strategy in jurisdictions across the world.

In Canada, businesses that rely on trade secret protection are required to take steps to identify the information they wish to protect as a trade secret and ensure all reasonable steps are taken to maintain the secrecy of that information. We can advise on the appropriate steps, including on protocols and agreements for handling or sharing trade secrets.

Our litigators in Canada are skilled in obtaining interlocutory injunctions, which can prevent or halt the misuse of trade secrets and other confidential information by others, and Anton Piller orders, which help to preserve evidence through the seizure of confidential information from unauthorized persons.