Answers were provided by Patricia Prezioso, Chair, Employment and Labor Practice Group, Sills Cummis & Gross.

What are some of the department's most satisfying successes of 2023, and why?

In recent years, our department has handled many trade secret matters involving claims of employee misappropriation, either with our client losing data through exiting employees or being accused of having a competitor's data coming into a client's system through a new hire. The term "trade secrets" encompasses more than secret formulas, as the term is broadly defined under federal and state law, and may include customer information, sales data, and the like, depending on how the company protected the information. These cases require quick and accurate work because the resulting business losses can be devastating. When our clients are defendants in such claims, a swift and thorough investigation makes for a robust defense and often assists our clients in shortening or avoiding litigation. These claims involve businesses of all sizes, with clients ranging from the Fortune 200 to startups. As is common with the "practice" of law, the lessons learned in litigating in this area informs our counseling. The increase in these claims has provided keen insight into our policy, protocol, and agreement drafting regarding confidentiality, permissive data use, restrictive covenants, and codes of conduct. We strive to reduce our clients' unfair competition risk and we seek to ensure that our clients have taken sufficient "reasonable measures" to meet the Defend Trade Secret Act requirements, should the client need its protection. By way of example, employee on-boarding procedures help avoid allegations of misappropriation, while off-boarding procedures help ensure all data is collected and minimally shows efforts to track data. These matters are very satisfying because they continually test the rigor of our employment policy and agreement drafting at a time when this area of the law continues to develop, and has led to wonderful business partnerships with several clients who view us as trusted advisors in protecting their sensitive information.