Trade Secret Indemnification and Indemnity Agreements

ATTORNEYS IN DALLAS

Our Dallas attorneys draft and negotiate trade secret indemnity agreements and litigate trade secret indemnification disputes.

Trade Secret Indemnification and Indemnity Agreements

Agreements between parties seeking to transfer the risk of loss often feature trade secret indemnification clauses, which are common provisions. These clauses generally cover the risk of trade secret misappropriation, theft, breach of a duty of confidence, or other intellectual property (IP) related risks. An indemnity clause may solely offer indemnification, or it may also require the obligation to "defend" and/or "hold harmless" the other party. In essence, an indemnification clause mandates one party to provide compensation to the other party for any losses or damages that are within the scope of the indemnity clause.

Trade Secret Hold Harmless Agreements

Aside from trade secret indemnification, an agreement could feature a hold harmless agreement or clause as a means of transferring risk. Typically, a hold harmless clause absolves a party of liability for certain damages as stipulated in the agreement. A trade secret hold harmless clause can protect against acts committed by employees of the other party, as well as third-party claims for trade secret misappropriation.

Our attorneys possess extensive experience in matters concerning trade secret indemnification agreements and trade secret indemnification-related issues. We are capable of assisting clients in addressing such concerns, both before they enter into an agreement with a third party and after an indemnification obligation or hold harmless clause is triggered due to a claim.

Trade Secret Disputes and Indemnification Litigation

To read more about our litigation services, visit our Business Litigation overview page and Software & Master Services Agreements page.

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