Small Business Law
FORMING BUSINESS ENTITIES
Annual Renewal Questionnaire
Limited Liability Questionnaire
Intellectual Property Law
FILING TRADEMARK REGISTRATION APPLICATIONS
Trade Secret Questionnaire
Real Estate Law
PROTECTING TENANT RIGHTS
PROTECTING LANDLORD RIGHTS
Purchases and Sales
Trade Secret Questionnaire
1. Please give the full name, address, telephone number, and type of business entity (i.e., individual, LLC, partnership or corporation, including state of organization or incorporation) that owns the trade secret.
2. What type of trade secret is this?
Other Financial, Business, Scientific, Technical, Economic, or Engineering Information
3. Without disclosing the details of the trade secret, d escribe the ge neral character of th e trade secret ( e. g. , formula for cola soft drin k, recipe for southern fried chicken, process for turning lead in to gold, etc. ).
4. What measures has the owner of the trade secret taken to keep the trade secret confidential ? (e.g., having employees with access to the trade secret sign a c onfidentiality agreement, limiting the number of employees with access to the trade secret, clearly labeling trade secrets as “ confidential ”, educating all employees on the importance of keeping trade secrets confidential and on how easily trade secrets ca n be lost, etc.)
5. Does the trade secret derive independent value from not being generally known by the public? If so, in what way?
6. Has the trade secret been publicly disclosed or given to another for any purpose? If so, please describe the circumstances, and give the date (month/day/year) when this first occurred, and the location. (e.g., disclosure made in confidence to a Federal, State or local government official, or to an attorney, solely for the purpose of reporting or investigating a violation of law, disclosure made in a complaint or other governmental tribunal filing, or Court filing, made under seal)
7. Has the owner of the trade secret provided notice to its employees of the immunity for use of trade secr et information in the reporting of suspected violations of law and in anti - retaliation lawsuits ? If so, please provide a copy of the notice provided to employees.
8. If the trade secret is in danger of being publicly disclosed, would the sei zure of any property prevent the propagation or dissemination of the trade secret ? If so, where is the property to be seized located?
9. If the seizure of any property would prevent the propagation or dissemination of the trade secret, are any of the following facts true ? ( please mark all that apply )
The party in possession of the property to be seized would be likely to evade, avoid or otherwise not comply with an order granting equitable relief other than seizure of the property ?
An immediate and irreparable injury will occur if the property is not seized ?
The harm that would result from not seizing the property outweighs the harm that would result from seizing the property ?
The trade secret information is likely to be recognized as a trade secret ?
The party in possession of the property to be seized misappropriated the trade secret by improper means ?
The party in possession of the property to be seized conspired to use improper means to misappropriate the trade secret ?
The party in possession of the property to be seized is also in possession of the trade secret ?
The party in possession of the property to be seized, or those in concert with such party, are likely to destroy, move, hide, or othe rwise make such property inaccessible ?
The owner of the trade secret has not made public the planned seizure of the property to be seized ?
Acknowledgment of Confidentiality of Communications
At G. Philip J. Zies, PLLC, we take the protection of o ur client’s and potential client’s intellectual property seriously. Since there are dangers in communicating sensitive and/or proprietary information by email, we would like to provide you with the following information. Please read each of the items list ed below carefully and then initial each item to indicate you understand and acknowledge each item. Please note that your failure to initial and acknowledge each item may limit our ability to communication with you regarding this matter.
I unders tand that communications between myself and an attorney, which would normally be subject to attorney ‐ client privilege, may be waived if a third party gains access to those communications.
I understand that third parties may have access to my attorney ‐ client emails when I send or receive emails via a public computer, such as a library or hotel computer, or via a borrowed computer.
I understand that a third party (i.e. my employer) may have access to my attorney ‐ client emails when I utilize my work computer.
If I must communicate with an attorney via a public computer or a work computer, I will only send confidential information via encrypted or password - protected documents, such as a password - protected Word® document or a password - protected .pdf document.
If I must communicate with an attorney via a public computer or a work computer, I will alert the attorney accordingly and request that the attorney only send confidential information via encrypted or password ‐ protected documents.
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