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Business attorney in Boise ID explains what to do after an NDA is violated

Author: Sasser Jacobson
by Sasser Jacobson
Posted: Jul 11, 2022

Business attorney will help protect your entity from liability after an NDA is violated

Business attorney in Boise and Nampa ID can represent your business and help enforce an NDA. Once an employee leaves your company, they can share trade secrets with anyone who hires them next. Sharing such trade secrets will force you into an unhealthy competition, so the non-disclosure agreement prevents this.

Even though they may sign the NDA, some people have a hard time keeping it. Under the law, you have the right to sue any former employee for damages if they break the NDA. Here’s how to go about once you realize that the NDA is violated.

Know your rights

According to state legislation, you can file a lawsuit to stop someone from misappropriating your trade secrets. Examples of these situations include:

  • A business promises to give trade secrets in exchange for an employee's cooperation from a rival.
  • A hacker infiltrates a business' computer network, steals trade secrets, and then posts the material online.
  • Important staff members steal sensitive customer data and launch a rival company.
  • A worker gives a newspaper reporter access to company trade secrets.

The Uniform Trade Secrets Act serves as the foundation for the majority of trade secret protection legislation (UTSA).

Acquire evidence and send a notice

You can start the process by mailing a cease-and-desist letter on your own if you lack the financial means to support litigation. This will inform the offender of the rules you think they are breaking, and they will have a certain amount of time (often 5-7 days) to react.

It can be difficult to find direct proof of trade secret theft. A judge may draw the conclusion of misappropriation from unclear circumstantial evidence if the case proceeds to trial. Consider a former worker who signed an NDA and later accepted a position with a rival. It may be sufficient circumstantial proof if:

  • Private information is gone from the former employee's office or computer
  • The previous employee worked unusually late or on the weekends
  • The rival company has started using the same trade secret technology.

Note: The aim is to protect the business, so be ready to go to trial or settlement if they do not acknowledge the agreement breach.

Find the best business attorney in Boise and Nampa ID

When going to trial you may need expert help to get the most in your settlement. Work with the best business attorney in Boise and Nampa ID for top results.

Sasser & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started.

About the Author

Sasser & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get

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Author: Sasser Jacobson

Sasser Jacobson

Member since: Feb 25, 2022
Published articles: 24

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