New York Employee Confidentiality Agreements and Trade Secrets Package

State:
Multi-State
Control #:
US-P076-PKG
Format:
Word; 
Rich Text
Instant download

Description

This Employee Confidentiality Agreements and Trade Secrets Package is a useful and necessary tool for providing confidentiality obligations on parties receiving information from disclosing parties who consider such information or material to be confidential.:



1. Agreement Not to Disclose Trade Secrets

2. Non-Compete Letter to Employee

3. Confidentiality and Non-Competition Agreement

4. Non-disclosure Agreement - Employee to Corporation - Detailed

5. Employee Confidentiality and Nondisclosure - Non-disclosure Agreement

New York Employee Confidentiality Agreements and Trade Secrets Package is a comprehensive set of legal documents designed to protect sensitive information and trade secrets in the employment relationship. These agreements ensure that employees and employers maintain confidentiality and prevent the unauthorized disclosure or use of valuable proprietary information. The package consists of various types of confidentiality agreements that cater to different needs and circumstances. Some common types of New York Employee Confidentiality Agreements and Trade Secrets Package include: 1. Non-Disclosure Agreement (NDA): A standard agreement that prohibits employees from disclosing confidential information during and after their employment. This ensures that trade secrets, customer lists, proprietary technology, business strategies, and other confidential information remain protected. 2. Non-Compete Agreement (NCA): This agreement restricts employees from working for competing companies or starting their own similar businesses for a specified period after leaving their current employment. NCAA help prevent an employee from using trade secrets or sensitive information to gain a competitive advantage. 3. Non-Solicitation Agreement: This agreement aims to prevent employees from poaching clients, customers, or other employees from their current employer. It prohibits employees from directly or indirectly soliciting business from the employer's contacts for a certain duration after leaving the company. 4. Confidentiality and Invention Assignment Agreement: This agreement ensures that any work-related inventions, ideas, or intellectual property created by employees while working for the company are automatically assigned to the employer. It also includes clauses to maintain the confidentiality of such inventions and restricts employees from seeking patents or copyrights on their own. 5. Employee Handbook: This document outlines the general policies and procedures regarding confidentiality, trade secrets, and the protection of proprietary information. It provides employees with clear guidelines and expectations regarding the confidential nature of their work and the consequences of breaching confidentiality. These New York-specific agreements comply with state laws and regulations governing employee confidentiality and trade secrets, ensuring that both employers and employees are protected. It is crucial for businesses to consult with legal professionals experienced in New York employment law to customize these agreements as per their specific requirements and industry best practices. By implementing the New York Employee Confidentiality Agreements and Trade Secrets Package, employers can safeguard their intellectual property, maintain a competitive edge, and foster an environment of trust and loyalty among their employees.

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  • Preview Employee Confidentiality Agreements and Trade Secrets Package
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FAQ

New York courts have held that, where customers are not known in the trade or are discoverable only by extraordinary efforts, customer lists may be protected as trade secrets.

Trade secrets are governed by both state and federal law. Since New York doesn't have any trade secret statutes and doesn't recognize the Uniform Trade Secrets Act (UTSA), the trade secret protection stems entirely from common law. This does feature many of the same safeguards as the UTSA.

Under New York law, misappropriation consists of use or disclosure of a trade secret that was acquired through a relationship of trust (such as employment), or through fraud or other improper means, such as theft, bribery, or hacking.

The DTSA gives an owner a range of remedies in misappropriation cases, including monetary damages and other relief. Owners can obtain monetary damages to compensate them for the economic harm they suffered. This includes the recovery of direct losses and any profits the defendant made from the trade secret.

Confidentiality agreements can be enforceable in New York, but it's more challenging for employers to enforce them.

As we have previously reported, Section 5-336 of the New York General Obligations Law prohibits employers from requiring a nondisclosure provision in any settlement agreement resolving claims of discrimination unless the condition of confidentiality is the complainant's preference.

New York State does not have any statutes covering trade secrets and is one of only two states that have not adopted the Uniform Trade Secrets Act. Instead, all trade secret protection in New York comes from the common law.

The NDA ensures your secrets remain secret, and if they do not you have legal recourse against the person or entity that disclosed them. When an NDA is violated, you can ask the court to enjoin the party responsible from infringing or misappropriating your trade secrets, and you can sue for any resulting damages.

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New York Employee Confidentiality Agreements and Trade Secrets Package