Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters, and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing, and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, this blog is an introduction and Part I of a new and abridged series on “Key Legal, Drafting, & Negotiation Issues for Non-disclosure Covenants/Agreements.” As a legal firm specializing in, among other legal areas, Employment and Labor Law, we have been creating a diverse but focused range of content to educate, train, keep you informed, and ensure that you, our unusually motivated® readers, stay ahead of the game in such matters. This is the primary reason we have dedicated a good percentage of our blogs to look at every nook and cranny of restrictive covenants/agreements, which is a key issue when it comes to Employment and Labor Law.

Through this series, we aim to provide you with a hands-on guide regarding key legal, drafting, and negotiation issues related to non-disclosure agreements/covenants. Also known as confidentiality agreements, non-disclosure agreements/covenants mandate that employees keep employer information confidential and cease and desist from disclosing and/or using it.

By way of backdrop, we have published a dozen blogs and created a number of videos focusing on restrictive covenants/agreements. As mentioned above and in accordance with our blog and video accessible at https://milettilaw.com/blog/f/fundamental-aspects-of-restrictive-covenants and https://www.youtube.com/watch?v=09Bb5CO9FW8, respectively, we said that restrictive covenants are contractual devices that employers may utilize to safeguard their employee, client, and customer relationships, trade secret, and other proprietary or confidential information, and other competitive interests. Further, in another blog accessible at https://milettilaw.com/blog/f/the-5-key-clauses-for-every-confidentiality-agreement, we provided you with the 5 clauses that must be incorporated in every confidentiality agreement between an employer and an employee. Additionally, in another blog accessible at https://milettilaw.com/blog/f/understanding-restrictive-covenants-in-the-life-sciences-industry, we mentioned that in order to prohibit the use of proprietary information to the benefit of employees, employers often execute restrictive covenants and, consequently, protect their trade secrets. We also asserted that through restrictive covenants, employees are prohibited and discouraged from engaging in activities that might harm former employers, such as competing against and/or stealing/soliciting clients.

Notably, we also hammered on the Defend Trade Secrets Act (DTSA) and Uniform Trade Secrets Act of 1979 (UTSA) and the statutes’ role in enforcing trade secret protection & restrictive covenants in another blog accessible at https://milettilaw.com/blog/f/trade-secret-protection-restrictive-covenants-in-life-sciences. Most importantly, in another blog accessible at https://milettilaw.com/blog/f/trade-secret-misappropriation-restrictive-covenant-claims, we asserted that the success and ultimate triumph in most lawsuits significantly depend on how well any party grasps the underlying facts, which is no different in litigations where employers sue former employees for misappropriating trade secrets or violating restrictive covenants. Moreover, in yet another blog accessible at https://milettilaw.com/blog/f/ensuring-restrictive-covenants-are-adequately-considered-for-all, we hammered on the ideology of “adequate consideration,” which is mandatory for a restrictive covenant to be enforced in court. Last but not least, in another post accessible at https://milettilaw.com/blog/f/hiring-from-competitors—seeking-full-disclosure-from-candidates, we focused on the importance of “seeking full disclosure from candidates” and asserted that every hiring employer must make deliberate efforts to understand the potential legal obligations a potential candidate may have to their former employer as a way of avoiding and understanding the full scope of the risk of litigations that arise from a breach of restrictive covenants.

Of most importance, we have a one-stop shop where you can find and purchase our Confidentiality Agreement (Fully Customizable, Easy To Use) at https://milettilaw.com/shop.

This goes without saying that employers should, depending on the sector and individual needs, consider making sure that their non-disclosure agreements feature a number of key clauses and essential elements. From a legal perspective, employers should consider these clauses and elements as very critical elements of a confidentiality agreement between an employee and an employer. In this regard, stay tuned for our next blog and Part II of the series, in which we will hammer on the importance of “Determining what Constitutes Confidential Information” as the first essential element that should feature in every non-disclosure agreement/confidentiality agreement.

In the meantime, stay tuned for more legal guidance, training, and education in other series in progress. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.