IP Risk Advisory
Don’t let ex-employees walk out the door with your company created assets. It happens too often.
You need employee exit assurance.
We can help your team whiteboard and discover risks and build a viable IP lifecycle and/or risk management program. We can assist in creating a IP or trade secret catalog (opportunity ledgers) and/or the risk register (risks to the company) so that your company assets are not used at the competitor.
Case Law – Sales Employee Leaves for Competitor
https://leasttrust.com/podcast-trade-secret-and-crown-jewel-protection/
Intellectual Property Strategy
Startups both need a strategy to retain IP, know how, and their competitive edge. We can help create a strategy that includes, policies, procedures, and enforcement using our security tools.
Claude Flow Chart Decision Tree – Patent, Trade Secret or Public Disclosure (Note these decision points need to be weighted accordingly for cost, chances of strong patent enforcement, and more)
https://claude.site/artifacts/165c6550-3be1-49fa-af1d-79f406c799a2
LeastTrust Blueprint to IP Assessments
Trade Secrets
A trade secrets program creates structure and formalizes intangible asset governance (Customer lists, brand, know-how, technology trade secrets, novel architecture, efficiencies, failure data, and more). A trade secrets program creates culture and intended behavior with clear “carrots and sticks”. We are not attorneys, but we partner with IP lawyers that specialize in critical document creation such as: NDAs, employee contracts, handbooks & confidentiality agreements. These policies are enforced through cybersecurity technologies like managed browser, access logs, DLP, and more. Just because New York’s non-competes are weakening, does not mean employees should not have confidentiality obligations.
Why Trade Secrets offer the most benefit in todays legal environment? The burden of proof is lower and the global reach is extensive. Here are two great articles
https://www.jdsupra.com/legalnews/the-proliferation-of-trade-secret-8547870/
Replace Non-Competes with this legal tactic called “Inevitable Disclosure” that is supported in NJ, CT, and NY
Patents may not perform as intended
Our team has decades of experience and patents are typically not what was initially promised/envisioned. We can inform with historical data and identify the obvious pitfalls, conflicts of interest, and current patent enforcement environment while also explaining the pros and cons of public disclosures and trade secret strategies. We have experience collaborating with patent prosecutors to best protect IP that is not patentable (BTW the lions share of your intangible assets and proprietary advantages can be protected as trade secrets) .
That being said, edge cases (pharma, medical device, semiconductor, hardware, and standard essential patents) may be fitting for a patent. To build holistic protection, trade secrets should be intertwined with patent programs.
IP Strategy and Cybersecurity are merging.
Security tools are well positioned to enforce policy and provide real time insights. Talk to LeastTrust IT about how we can help your organization build a world class IT, Risk, and IP program. Current technologies exist to classify data, track data, manage data access, and alert on the movement and editing of data. Just like privacy data (compliance regulated data) your company should understand:
Where is my data?
Who has access to it?
Is that container secure
Data and IP Protection Specialists
Give us a call. We would love to learn more about your goals.
Start the conversation today. We are eager to understand the risks and opportunities that drive your business.
Let’s discuss if LeastTrust IT is the right fit for your organization
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Tri-State Coverage
Our hybrid, on-site, and remote engagements serve New York, Connecticut, & New Jersey
