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In today’s competitive business environment, a company’s ability to be successful depends in large part on its capacity to acquire and maintain proprietary information and trade secrets. Indeed, a business’s most valuable asset is oftentimes a proprietary formula, manufacturing method, software code, business practice, customer list, or other confidential information. R | McHale Law’s Proprietary Information & Trade Secrets practice is committed to preserving the competitive advantage its clients enjoy due to their trade secrets and other intellectual property.

Working in close partnership with our clients to develop and implement a strategic and integrated intellectual property plan to maximize protection (and hence value) of their trade secrets and other intellectual property assets, we provide the following services:

• Developing trade secret and confidential know-how protection programs
• Drafting employee handbooks, non-competition agreements, confidentiality and non-disclosure agreements, and e-mail, social media and privacy policies
• Preparing confidentiality, non-disclosure, and non-competition agreements for prospective merger and acquisition partners, joint venture partners, contractors, vendors, consultants, and other third parties
• Drafting and negotiating outsourcing agreements and technology commercialization agreements
• Advising on trade secret risks in the context of mergers, acquisitions and licensing deals
• Counseling and defending against trade secret theft claims (and related claims including claims for breach of noncompetition agreements) arising from the hiring of key employees from competitors

Trade Secrets Litigation

R | McHale Law aggressively assists clients in protecting their trade secrets and in defending against misappropriation claims. Recognizing the critical importance of trade secrets to our clients’ viability and continued success, our team is ready to mobilize quickly to protect our clients’ interests when placed at risk due to employee defections, corporate espionage, breaches of non-disclosure, confidentiality, and non-compete agreements, and violations of license agreements, joint-venture deals, and co-development agreements.

Representing both plaintiffs and defendants, our litigation services in this area include:

• Obtaining (and opposing the issuance of) temporary restraining orders and preliminary injunctions prohibiting the use and disclosure of trade secrets
• Litigating claims for misappropriation of trade secrets and confidential information, unfair competition, breach of fiduciary duty, interference with prospective advantage or contractual relations, employee raiding, and other related business torts
• Litigating claims to enforce or invalidate confidentiality agreements and covenants not to compete
• Litigating related claims under the Computer Fraud and Abuse Act (CFAA) and Electronic Communications Privacy Act (ECPA)
• Collaborating with law enforcement, including the U.S. Attorney’s Office, FBI and local authorities, to pursue criminal charges against alleged offenders

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   Boston, Massachusetts 02127
   Tel:  (617) 306-2183
   Fax: (617) 848-9483
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