Confidential Information

We help protect what's most important to you.

Lomic Law’s litigation lawyers based in Toronto have a strong record of success advocating for their clients before the courts and administrative tribunals. Paul acts as lead counsel for a broad range of matters. Lomic Law’s litigation lawyers appeared before the Ontario Court of Justice, Ontario Superior Court of Justice, Federal Court, Federal Court of Appeal and various tribunals including the Trademarks Opposition Board. Litigation is inherently uncertain and past results are not necessarily indicative of future results which is why the experience of Lomic Law is so important.

What is confidential information?


Confidential information and trade secrets are often used interchangeably and are information that is not disclosed to the public that typically has commercial value. Confidential information can include various items, such as documents (paper and/or electronic), client lists, ideas, financial information, designs, business methods, formulas, source codes etc. Confidential information is typically communicated to others in confidence.




What is the “springboard doctrine” and how does it impact inventors?


If you share you confidential idea with a company and that information was intended to be confidential, and that information is taken, you may have a cause of action if the company just used some, and not the entirety, of your idea to develop another product. The springboard doctrine applies even if the defendant company does substantial development of your idea on its own. This is known as the springboard doctrine.




What is an NDA and how does it work?


A non-disclosure agreement (NDA) is a document that is commonly used to have individuals sign prior to disclosing confidential information to them (for example an inventor disclosing an invention to a manufacturer). The value of the NDA is that it assists in setting the expectation of the parties with respect to the confidential information. The NDA is evidence that the parties intended the information to be confidential. This evidence may be required in litigation.




What can I do if an employee/former employee removes confidential information from my business?


For highly sensitive information, your company may obtain and interim and interlocutory injunction on an urgent basis to have the confidential information delivered up to an independent party pending the resolution of the litigation. The Court’s order can include seizing the personal computers, smartphones and freezing the online accounts of the former employee. For an interim and interlocutory injunctions time is of the essence and the motion must be brought as soon as possible.

If an employee removes confidential information from your business that is less sensitive, you can bring a lawsuit against that former employee for breach of confidence without an interim or interlocutory injunction.




What can I do if someone breaches their duty of confidence?


For highly sensitive information, your company may obtain and interim and interlocutory injunction on an urgent basis to have the confidential information delivered up to an independent party pending the resolution of the litigation. The Court’s order can include seizing the personal computers, smartphones and freezing the online accounts of the former employee. For an interim and interlocutory injunctions time is of the essence and the motion must be brought as soon as possible.

If an individual removes confidential information from your business that is less sensitive, you can bring a lawsuit against that former employee for breach of confidence without an interim or interlocutory injunction.




How can I protect my confidential information?


It is important for your company to have safeguards for you confidential information that include: restricted access in your company, password/technological protection, clearly labeling information as confidential, confidentiality clauses in employment and independent contractor agreements, NDA or Non-Disclosure Agreements when you are exploring collaborations with others. Please CONTACT US for more information and strategies on protecting your confidential information.





Lomic Law

1 First Canadian Place
100 King Street West, Suite 5700
Toronto, ON M5X 1C7

© 2020 Lomic Law

Contact

416-352-5154

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