301 S. Polk, Suite 700
Amarillo, Texas. 79101

direct: 806.322.1251
fax: 806.322.1252
email us

Attorney Chris Stewart

In our trade secrets law practice, we do the following: 

• Draft and negotiate covenants not to compete, non-solicitation agreements and non-disclosure agreements;
• Advise clients on procedures for protecting trade secrets;
• Draft trade secret policies;
• Litigate trade secret claims

Trade secrets consist of any formula, pattern, device or compilation of information used in a business that gives the business an opportunity to obtain an advantage over competitors.  Examples of trade secrets found by Texas courts include: (1) formulas and chemical compounds; (2) business methods and processes; (3) product designs, blueprints and drawings; (4) computer software; (5) machines; (6) pricing and marketing information; and (7) customer lists.  This is not an exhaustive list.

An owner of trade secrets should take affirmative measures to safeguard its proprietary information. Such measures could include:

• Consider covenants not to compete, non-solicitation and non-disclosure agreements.  Non-compete, non-solicitation and non-disclosure agreements can help protect trade secrets when employees leave to work for a competitor.  Covenants not to compete used to be considered restraints of trade and were not favored by the courts.  With the passage of the Covenants Not to Compete Act and subsequent Texas Supreme Court decisions, covenants not to compete are more likely to be upheld.  Non-solicitation agreements can contractually bind a former employee from pursuing the company’s clients.  A non-disclosure agreement is a contractual limitation on the information that can be disclosed.  The agreement should identify confidential information and include a promise by the employee not to disclose the protected information.
• Maintain a written trade secrets policy. The policy should generally outline the nature of the trade secrets and stress the importance of maintaining confidentiality.
• Make employees aware of the status of trade secrets, and periodically remind them of their confidentiality obligations.  Trade secrets must not be disclosed to individuals or entities not authorized to have access to the information.
• Restrict access to trade secrets. If possible, trade secrets should be physically segregated from other information.
• Maintain physical security of the facilities. Security measures could include the use of locks on desks, cabinets and rooms that house trade secrets. Computer-related materials, such as disks with confidential information, should be stored in locked files or desks.  Passwords should be required to access the computer system.
• Label trade secret documents with a confidentiality notice.  When such documents are no longer necessary, they should be shredded.
• Use non-disclosure agreements when dealing with third parties. All third-parties should sign a written confidentiality agreement before any trade secrets are revealed.

Publications:

• Confidentiality and Privacy Issues in the Workplace, Employment Law Update in Texas, Amarillo, Texas, March 12, 2008
• Intellectual Property and Internet Law for Businesses, Process Equipment Manufacturers’ Association Annual Meeting, Tucson, Arizona, February 28-March 4, 2007
• Making Money the New-Fashioned Way:  Intellectual Property Essentials for Design Professionals:  Patents, Trademarks, Copyrights and Trade Secrets, Legal Issues for Texas Engineers and Construction Professionals, Lubbock, Texas, May 18, 2006

Speeches:

• Intellectual Property 101 (or Copyright Stories with Chris)
  Amarillo College
  Amarillo, Texas, October 2, 2008
• Patents, Copyrights & Intellectual Property
  Small Business Development Center Seminar
  Amarillo, Texas, April 22, 2008
• Confidentiality and Privacy Issues in the Workplace
  Employment Law Update in Texas
  Amarillo, Texas, March 12, 2008
• Introduction to Intellectual Property
  Amarillo College
  Amarillo, Texas, February 21, 2008
• Six Steps to Massive Business Results
  Amarillo, Texas, January 9, 2008
• Introduction to Intellectual Property
  Amarillo College
  Amarillo, Texas, October 4, 2007
• Protecting Intellectual Property and Proprietary Interests
  FastTrac NewVenture Program
  Amarillo, Texas, October 2, 2007
• Fortifying Your Intellectual Property-Patents, Trademarks, Trade Secrets and Copyrights
  2007 Annual Meeting of the Process Equipment Manufacturer's Association
  Tucson, Arizona, March 1-2, 2007
• Intellectual Property and Internet Law for Businesses
• Process Equipment Manufacturers’ Association Annual Meeting
     Tucson, Arizona, February 28-March 4, 2007
• Introduction to Intellectual Property
  Amarillo College
  Amarillo, Texas, February 22, 2007
• Fortifying Your Intellectual Property-Patents, Trademarks, Trade Secrets and Copyrights
  2006 Equipment Manufacturer's Conference
  Orlando, Florida, November 3, 2006
• Making Money the New-Fashioned Way:  Intellectual Property Essentials for Design Professionals:  Patents, Trademarks, Copyrights and Trade Secrets
• Legal Issues for Texas Engineers and Construction Professionals
     Lubbock, Texas, May 18, 2006

© 2008 Law Office of Chris Stewart, P.C.  All rights reserved.