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It is no surprise that a confidentiality policy is necessary to protect the company against the divulgence or misuse of confidential and proprietary information. A well-written policy reminds employees that the company has devoted significant time and expense to develop confidential information, taken measures to protect the secrecy of the confidential information, and that the disclosure of this information would injure the company’s competitive advantage. A confidentiality policy may protect the employer’s confidential and proprietary information even after an employee’s separation or termination from employment.
The policy should define confidential information in a manner tailored to the organization. Depending upon the nature of the employer’s business, you should consider including in the definition information obtained from third parties, such as clients and customers.
In-house and outside counsel and attorneys in private practice will benefit from this thorough review of the ins and outs of non-competes and non-solicitation agreements. Plus, get drafting tips an examination of litigation considerations and learn what to do when that valuable employee walks out (or in) the door.
This Lexis Practice Advisor® Practice Note – Crafting Confidential and Proprietary Information Policies by Joseph Domenick Guarino, DLA Piper – can help in-house and outside counsel draft a confidentiality policy may protect the employer’s confidential and proprietary information even after an employee’s separation or termination from employment. [View the practice note available via Lexis Practice Advisor® or View via SlideShare >>]