8/12/2005

Protect Your Business with "Non-Agreements"

A recent Indiana court decision demonstrates the need for appropriate restrictive covenants and confidentiality obligations in agreements with independent contractors. In the case, a contractor went into business against a client using information the contractor developed while engaged by the client.

The Court held otherwise, concluding that internet information posted on a publicly accessible website is not a trade secret.

"The court further noted Dynamic Scales 'seeks to prevent competition by its former agent more than it seeks to protect a trade secret.' However, Dynamic Scales had not protected itself with a non-competition agreement."

Read more in this report from McDermott Will & Emery via Mondaq.