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
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.:
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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.